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TERMS OF SERVICE

 

 

These are official terms and conditions and form a legally binding agreement between you and Dermpiece (” we“, ” us“, ” our“, or any other first-person plural pronouns; or “Locanza Limited“), the operator of the website located at https://www.dermpiece.com regarding your use of that same website (the ” Website“).

Dermpiece is an online marketplace which enables:
Category 1: “Vendors” to share and monetize their content;
Category 2: “Consumers” to subscribe, view, and buy the content of Vendors, and
Category 3: “Visitors” of the Website who does not create an account on the Website and cannot upload or buy any content;

TERMS OF USE FOR ALL USERS

Dermpiece provides the services on the Website subject to the terms and conditions on this page (” Terms of Service“). By accessing the Website, you agree to these Terms of Service. By accessing the Website, you acknowledge that you have read and accepted these Terms of Service. You further understand and agree that your acceptance of the Terms of Service is on your individual behalf as well as on behalf of those you have a legal right to act for or represent, and therefore these Terms are binding upon you individually and in your representative capacity, if any.

Through the Website and under the conditions stipulated in these Terms of Service, Dermpiece allows the users of the Website to view or submit images or other material and to host, share and/or publish such submissions. The submissions are made accessible and provided to other users under and subject to the conditions stipulated in these Terms of Service.

  1. How we may change the Terms of Service: We may change any part of the Terms of Service without telling you beforehand in the following circumstances:
    • to reflect changes in laws and regulatory requirements which apply to Dermpiece and the services, features and programs of Dermpiece where such changes require Dermpiece to change its terms and conditions in a manner which does not allow us to give reasonable notice to you; and
    • to address an unforeseen and imminent danger related to defending Dermpiece, Consumers or Vendors from fraud, malware, spam, data breaches or other cybersecurity risks.

We may also make other changes to any part of the Terms of Service, and we will give you reasonable notice of such changes by email or through Dermpiece, and you may contact us to end your agreement with us before the changes take effect. Once any updated Terms of Service are in effect, you will be bound by them if you continue to use Dermpiece.

  1. We may make changes to or suspend or withdraw Dermpiece: We may update and change Dermpiece from time to time for any reason, including to reflect changes to our services, Users’ needs and our business practices or to improve performance, enhance functionality or address security issues. We will try to give you reasonable notice of any major changes. We do not guarantee that Dermpiece, or any Content on it, will always be available or accessible without interruption. We may suspend or withdraw or restrict the availability of all or any part of Dermpiece for business or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal if it affects you.
  2. Registering with Dermpiece: To use Dermpiece you must first register and create a User account on Dermpiece. You must provide a valid email address, a username, and a password or authenticate using a valid Google account. Your password should be unique (meaning that it is different to those you use for other websites) and must comply with the technical requirements of the Dermpiece site for the composition of passwords. To register as a User:
    • you must be at least 18 years old, and you will be required to confirm this;
    • if the laws of the country or State/province where you live provide that you can only be legally bound by a contract with us at an age which is higher than 18 years old, then you must be old enough to be legally bound by a contract with us under the laws of the country or State/province where you live; and
    • you must be permitted by the laws of the country or State/province where you are located to join Dermpiece and to view any Content available on it and to use any functionality provided by it.
    • you must provide such other information or verification records as we require.

If you do not meet the above requirements, you must not access or use Dermpiece.

  1. Your commitments to us: When you register with and use Dermpiece, you make the following commitments to us:
    • If you previously had an account with Dermpiece, you confirm that your old account was not terminated or suspended by us because you violated any of our terms or policies.
    • You will make sure that all information which you submit to us is truthful, accurate and complete.
    • You will update promptly any of your information you have submitted to us as and when it changes.
    • You consent to receiving communications from us electronically, including by emails and messages posted to your Dermpiece account, and to the processing of your personal data as more fully detailed in our Privacy Policy.
    • You will keep your account/login details confidential and secure, including your user details, passwords and any other piece of information that forms part of our security procedures, and you will not disclose these to anyone else. You will contact contact@dermpiece.compromptly if you believe someone has used or is using your account without your permission or if your account has been subject to any other breach of security. You also agree to ensure that you log out of your account at the end of each session, and to be particularly careful when accessing your account from a public or shared computer so that others are not able to access, view or record your password or other personal information.
    • You are responsible for all activity on your account even if, contrary to the Terms of Service, someone else uses your account.

    • You will comply in full with these Terms of Use for all Users, our Acceptable Use Policy and all other parts of the Terms of Service which apply to your use of Dermpiece.

  2. Rights we have, including to suspend or terminate your account:

    • We can but we are not obligated to moderate or review any of your Content to verify compliance with the Terms of Service (including, in particular, our Acceptable Use Policy) and/or any applicable law.
    • It is our policy to suspend access to any Content you post on Dermpiece which we become aware may not comply with the Terms of Service (including, in particular, our Acceptable Use Policy) and/or any applicable law whilst we investigate the suspected non-compliance or unlawfulness of such Content. If we suspend access to any of your Content, you may request a review of our decision to suspend access to the relevant Content by contacting us at contact@dermpiece.com. Following our investigation of the suspected non-compliance or unlawfulness of the relevant Content, we may take any action we consider appropriate, including to reinstate access to the Content or to permanently remove or disable access to the relevant Content without needing to obtain any consent from you and without giving you prior notice. You agree that you will at your own cost promptly provide to us all reasonable assistance (including by providing us with copies of any information which we request) in our investigation. We will not be responsible for any loss suffered by you arising from the suspension of access to your Content or any other steps which we take in good faith to investigate any suspected non-compliance or unlawfulness of your Content under this section.
    • If we suspend access to or delete any of your Content, we will notify you via email or electronic message to your Dermpiece account, but we are not obligated to give you prior notice of such removal or suspension.
    • We reserve the right in our sole discretion to terminate your agreement with us and your access to Dermpiece for any reason by giving you 30 days’ notice by email or electronic message to your Dermpiece account. We can also suspend access to your User account or terminate your agreement with us and your access to Dermpiece immediately and without prior notice:
      • if we think that you have or may have seriously or repeatedly breached any part of the Terms of Service (including in particular our Acceptable Use Policy), or if you attempt or threaten to breach any part of the Terms of Service in a way which has or could have serious consequences for us or another User; or
      • if you take any action that in our opinion has caused or is reasonably likely to cause us to suffer a loss or that otherwise harms the reputation of Dermpiece.

If we suspend access to your User account or terminate your agreement with us and your access to Dermpiece we will let you know. During any period when access to your User account is suspended, any Consumer Payments which would otherwise have fallen due during the period of suspension will be suspended, and we may withhold all or any part of the Vendor Earnings due to you but not yet paid out in accordance with section 13 of the Terms of Use for Vendors.

  • Upon termination of your account, we may deal with your Content in any appropriate manner in accordance with our Privacy Policy(including by deleting it) and you will no longer be entitled to access your Content. There is no technical facility on Dermpiece for you to be able to access your Content following termination of your account.
  • We can investigate any suspected or alleged misuse, abuse, or unlawful use of Dermpiece and cooperate with law enforcement agencies in such investigation.
  • We can disclose any information or records in our possession or control about your use of Dermpiece to law enforcement agencies in connection with any law enforcement investigation of any suspected or alleged illegal activity, to protect our rights or legal interests, or in response to legal process.
  • We can change the third-party payment providers used to process payments on Dermpiece and if we do so, we will notify you and store applicable details on your Dermpiece account.
  • Other than Content (which is owned by or licensed to Creators), all rights in and to Dermpiece and its entire contents, features, databases, source code and functionality, are owned by us and/or our licensors. Such material is protected by copyright, and may be protected by trademark, trade secret, and other intellectual property laws.

  • We are the sole and exclusive owners of any and all anonymised data relating to your use of Dermpiece and such anonymised data can be used by us for any purpose, including for commercial, development and research purposes.

    6. What we are not responsible for: We will use reasonable care and skill in providing Dermpiece to you, but there are certain things which we are not responsible for, as follows:

    • We do not authorize or approve Content on Dermpiece, and views expressed by Vendors or Consumers on Dermpiece do not necessarily represent our views.
    • We do not grant you any rights in relation to Content. Any such rights may only be granted to you by Vendors.
    • Your Content may be viewed by individuals that recognise your identity. We will not in any way be responsible to you if you are identified from your Content. While we may, from time to time and in our sole discretion, offer certain geofencing or geolocation technology on Dermpiece, you understand and agree that we do not guarantee the accuracy or effectiveness of such technology, and you will have no claim against us arising from your use of or reliance upon any geofencing or geolocation technology on Dermpiece.
    • All Content is created, selected, and provided by Users and not by us. We are not responsible for reviewing or moderating Content, and we do not select or modify the Content that is stored or transmitted via Dermpiece. We are under no obligation to monitor Content or to detect breaches of the Terms of Service (including the Acceptable Use Policy).
    • You agree that you have no obligation to follow any suggestions, comments, reviews, or instructions received from another User of Dermpiece and that if you choose to do so, you do so entirely at your own risk.
    • We make no promises or guarantees of any kind that Vendors or Referring Users will make a particular sum of money (or any money) from their use of Dermpiece (including the Dermpiece Referral Program).
    • The materials which we make accessible on Dermpiece for Users are for general information only. We make no promises or guarantees about the accuracy or otherwise of such materials, or that Users will achieve any particular result or outcome from using such materials.
    • We do not promise that Dermpiece is compatible with all devices and operating systems. You are responsible for configuring your information technology, device, and computer programs to access Dermpiece. You should use your own virus protection software.
    • We are not responsible for the availability of the internet, or any errors in your connections, device or other equipment, or software that may occur in relation to your use of Dermpiece.
    • While we try to make sure that Dermpiece is secure and free from bugs and viruses, we cannot promise that it will be and have no control over the Content that is supplied by Creators.
    • We are not responsible for any lost, stolen, or compromised User accounts, passwords, email accounts, or any resulting unauthorized activities or resulting unauthorized payments or withdrawals of funds.
    • You acknowledge that once your Content is posted on Dermpiece, we cannot control and will not be responsible to you for the use which other Users or third parties make of such Content. You can delete your account at any time, but you acknowledge that deleting your account will not of itself prevent the circulation of any of your Content which may have been recorded by other Users in breach of the Terms of Service or by third parties prior to the deletion of your account.
  1. Intellectual property rights – ownership and licenses:
    • You confirm that you own all intellectual property rights (examples of which are copyright and trademarks) in your Content or that you have obtained all necessary rights to your Content which are required to grant licenses in respect of your Content to us and to other Users. This includes any rights required to engage in the acts covered by sub-section 10(b) below in any territory in which Dermpiece is accessible and, in particular, in the United States of America, the United Kingdom and the European Union.
    • You agree to grant us a license under all your Content to perform any act restricted by any intellectual property right (including copyright) in such Content, for any purpose reasonably related to the provision and operation of Dermpiece. Such acts include to reproduce, make available and communicate to the public, display, perform, distribute, translate, and create adaptations or derivative works of your Content, and otherwise deal in your Content.
    • The license which you grant to us under sub-section 10(b) above is perpetual, non-exclusive, worldwide, royalty-free, sublicensable, assignable and transferable by us. This means that the license will continue even after your agreement with us ends and you stop using Dermpiece, that we do not have to pay you for the license, and that we can grant a sub-license of your Content to someone else or assign or transfer the license to someone else. This license will allow us, for example, to add stickers, text, and watermarks to your Content, to make your Content available to other Users of Dermpiece, as well as to use your Content for other normal operations of Dermpiece. We will never sell your Content to other platforms, though we may sell or transfer any license you grant to us in the Terms of Service in the event of a sale of our company or its assets to a third party.
    • Whilst we do not own your Content, you grant us the limited right to submit notifications of infringement (including of copyright or trademark) on your behalf to any third-party website or service that hosts or is otherwise dealing in infringing copies of your Content without your permission. Although we are not under any obligation to do so, we may at any time submit or withdraw any such notification to any third-party website or service where we consider it appropriate to do so. However, we do not and are under no obligation to police infringements of your Content. You agree that if we request, you will provide us with all consents and other information which we reasonably need to submit notifications of infringement on your behalf. Please see our  Complaints Policy for how to make a complaint about infringement of intellectual property rights.

    • You waive any moral rights which you may have under any applicable law to object to derogatory treatment of any Content posted by you on Dermpiece. This waiver does not affect in any way your ownership of any intellectual property rights in your Content or the rights which you have to prevent your Content from being copied without your permission. The waiver is intended to allow us when dealing with your Content (as permitted by the license which you give us in section 10(b) above) to add watermarks, stickers or text to your Content.

  2. Linking to and from Dermpiece:

    • Links to Dermpiece:

      • You may link to the Dermpiece homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
      • If you are a Vendor, when promoting your Vendor Store you must comply with our Terms of Service and the terms of service of any other website where you place a link to or otherwise promote your Vendor Store. When promoting your Vendor Store, you must not impersonate Dermpiece or give the impression that your Vendor Store is being promoted by us if this is not the case. You must not promote your Dermpiece account by using Google Ads or any similar advertising platform or search engine advertising service.
    • Links from Dermpiece: If Dermpiece contains links to other sites and resources provided by third parties, these links are provided for your convenience only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to Dermpiece, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
    • Domain Names: In some instances, Dermpiece may allow CreatorsVendors to register or use domain names that contain the Dermpiece trademark or a confusingly similar term. However, you will not register such a domain name, unless:
      • The domain name is registered by the Vendor.
      • The domain name redirects to the Vendor’s Dermpiece store. Domain names containing the Dermpiece trademark or a confusingly similar term must not direct to any other website, including link aggregators.
      • The Vendor obtains prior written permission from Dermpiece and signs a licensing agreement.

If you would like to register a domain name containing the Dermpiece trademark or a confusingly similar term, please contact legal@dermpiece.com. Failing to comply with these provisions or the licensing agreement will be considered a violation of the licensing agreement and may result in Dermpiece filing a domain dispute against the registrant.

  1. How do I delete my account? If you want to delete your Dermpiece account then you may do so in the ‘User Account’ section of your Dermpiece account.
    • If you are a Consumer, the deletion of your account will take place within a reasonable time following your request.
    • If you are a Vendor, then once you initiate the “delete account” process your account will remain open until confirmation of non-pending delivery order, following which you will receive your final payment and your account will be deleted.
    • If you are both a Consumer and a Vendor then your account will be deleted in two stages (Consumer first and then Vendor).
    • Once your account has been deleted you won’t be charged any further amounts or have access to your former Dermpiece account or its Content, and any subscriptions will be deleted and cannot be subsequently renewed. You will receive an email confirmation upon the successful deletion of your account. Once your account has been deleted, we may deal with your Content in any appropriate manner in accordance with our Privacy Policy(including by deleting it) and you will no longer be entitled to access your Content. There is no technical facility on Dermpiece for you to be able to access your Content following termination of your account.
  2. General: You agree that:
    • If any aspect of your agreement with us is unenforceable, the rest will remain in effect.
    • If we fail to enforce any aspect of your agreement with us, it will not be a waiver;
    • We reserve all rights not expressly granted to you.
    • No implied licenses or other rights are granted to you in relation to any part of Dermpiece, save as expressly set out in the Terms of Service.
    • You cannot transfer your rights or obligations under your agreement with us without our prior written consent.
    • Our rights and obligations under your agreement with us can be assigned or transferred by us to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law. In addition, we may choose to delegate the performance of any of our obligations under your agreement with us to any third party, but we will remain responsible to you for the performance of such obligations.
    • The Terms of Service form the entire agreement between us and you regarding your access to and use of Dermpiece, and supersede any and all prior oral or written understandings or agreements between us and you.
  3. Terms relating to disputes – the law which applies to your agreement with us and where disputes and claims concerning your use of Dermpiece (including those arising from or relating to your agreement with us) can be brought:
    • For consumers:
      • Consumers – Law:
        • If you are a consumer, your agreement with us is governed by English law and English law will apply to (i) any claim that you have arising out of or in connection with your agreement with us or your use of Dermpiece, and (ii) any claim that we have against you that arises out of or in connection with your agreement with us or your use of Dermpiece (including, in both cases, non-contractual disputes or claims). You will also be able to rely on mandatory rules of the law of the country where you live.
  • Where claims must be brought:
    • Before bringing a formal legal case in arbitration, you must send a written notice of dispute (” Notice of Dispute”) via email legal@dermpiece.com.
  1. These Terms of Use for all Users govern your agreement with us. Certain other terms or policies forming part of the Terms of Service will also apply to you and form part of your agreement with us, as follows:
    • Terms of Use for Consumers– which contain additional terms which apply if you use Dermpiece as a Consumer;
    • Terms of Use for Vendors– which contain additional terms which apply if you use Dermpiece as a Vendor;
    • Privacy Policy– which applies to all Users and tells you how we use your personal data and other information we collect about you;
    • Acceptable Use Policy– which applies to all Users and tells you what you can and can’t do on Dermpiece;

TERMS OF USE FOR CONSUMERS

BY USING OUR WEBSITE AS A CONSUMER YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY

  1. Introduction: These Terms of Use for Consumer are additional terms which apply if you use Dermpiece as a Consumer (also referred to as “you” and “your” in these Terms of Use for Consumer). These Terms of Use for Consumers form part of your agreement with us.
  2. Other terms which will apply to your use of Dermpiece: The following terms will also apply to your use of Dermpiece and you agree to them:
  3. Other terms which may apply to your use of Dermpiece: The following additional terms may apply to your use of Dermpiece:
  4. Your commitments to us: You warrant (which means you make a legally enforceable promise) that:
    • you are at least 18 years old;
    • if the laws of the country or State/province where you live provide that you can only be legally bound by a contract at an age which is higher than 18 years old, then you are old enough to be legally bound by a contract under the laws of the country or State/province where you live;
    • you will provide such other information or verification records as we require.
    • you are permitted by the laws of the country or State/province where you are located to join Dermpiece and to view any Content available on it and to use any functionality provided by it; and
    • you are able and willing to make payment (where required) to view Content available on Dermpiece which you wish to view and to use any functionality provided by Dermpiece that you wish to use.
  5. Content – general terms: In addition to the terms set out elsewhere in the Terms of Service (in particular in our Acceptable Use Policy), the following terms apply to the Content posted, displayed, uploaded or published by you as a Consumer on Dermpiece:
    • You warrant (which means that you make a legally enforceable promise to us) that for each item of Content which you post, display, upload or publish on Dermpiece:
      • the Content complies in full with the Terms of Service (and in particular our Acceptable Use Policy);
      • you either own your Content (and all intellectual property rights in it) or have a valid license to your Content; and
      • if your Content includes or uses any third-party material, you have secured all rights, licenses, written consents and releases that are necessary for the use of such third-party property in your Content and for the subsequent use and exploitation of that Content on Dermpiece.
    • You agree that you will be liable to us and indemnify us if any of the warranties at section 6(a) is untrue. This means you will be responsible for any loss or damage we suffer as a result of any warranty being untrue.
    • We are not responsible for and do not endorse any aspect of any Content posted by you or any other User of Dermpiece. We do not have any obligation to monitor any Content and have no direct control over what your Content may comprise.
  6. Adult material: You acknowledge that you are aware that some of the Content on Dermpiece contains adult material, and you agree to take this into account when deciding where to access and view Content. We will not be responsible to you if you suffer any loss or damage as a result of your accessing or viewing Content containing adult material in a way which places you in breach of any contract you have with a third party (for example, your employment contract) or in breach of any applicable law.
  7. Subscriptions and purchases by Consumers: This section describes the terms which apply to Consumer/Vendor Transactions:
    • All Consumer/Vendor Transactions are contracts between Consumers and Vendors on the terms of the Standard Contract between Consumer and Vendor. Although we facilitate Consumer/Vendor Transactions by providing the Dermpiece platform and storing Content we are not a party to the Standard Contract between Consumer and Vendoror any other contract which may exist between a Consumer and Vendor, and are not responsible for any Consumer/Vendor Transactions.
    • Vendors are solely responsible for determining (within the parameters for pricing on Dermpiece) the pricing applicable to Consumer/Vendor Transactions and the Content to which you may be given access. All prices appear in USD only.
    • Consumer Payments are exclusive of VAT, which shall be added at the current rate as applicable to Consumer Payments.
    • To be able to enter into a Consumer/Vendor Transaction with a particular Vendor, you must pay with a card, or third-party payment provider.
    • You authorize us and our subsidiary companies to supply your payment card details to a third-party payment provider for the purpose of processing your Consumer Payment. All Consumer Payments will be charged in USD. Your payment card or or third-party payment provider may charge you currency conversion fees. We do not have control over currency exchange rates or charges imposed by your payment card provider or bank and we and our subsidiary companies will not be responsible for paying any charges or fees imposed by your payment card provider or bank.
    • If you choose to provide details of two or more payment cards, then if you try to make a Consumer Payment from the first card and the card is rejected for any reason, then the other payment card will be used to collect the full Consumer Payment.
    • The payment provider will take (i) periodic payments from your payment card for Consumer Payments which are Subscriptions; and (ii) immediate payments from your payment card for Consumer Payments other than Subscriptions (including any tips paid by you to a Vendor). You authorize and consent to each of these payments being debited using your supplied payment card details.
    • Apart from free-trial Subscriptions, all Subscriptions to a Vendor’s profile will automatically renew at the end of the relevant subscription period, except if your payment card is declined, the subscription price for the Subscription has increased, or you have turned off the “Auto-Renew” switch located on the relevant Vendor’s profile. This means that if you want to stop subscribing to a Vendor’s profile and paying continuing monthly subscription charges, you will need to turn off the “Auto-Renew” switch located on the relevant Vendor’s profile.
    • If you cancel a Subscription you will continue to be permitted to view the relevant Vendor’s Content until the end of the subscription period in which you cancelled, after which no further payments will be taken from your payment card in respect of subscriptions to that Vendor’s profile (unless you choose to pay for a new Subscription to that Vendor’s profile), and you will no longer be able to view the relevant Vendor’s Content.
    • You agree that you will not make unjustified requests for a refund in respect of any Consumer/Vendor Transaction or tip to a Vendor, or unjustified chargeback requests of your payment card provider in relation to any Consumer/Vendor Transaction or tip to a Vendor. If we consider that any request for a refund or chargeback request was made by you in bad faith, we have the right to suspend or delete your User account.
  8. Suspension of your User account: If we suspend your User account in accordance with our rights under the Terms of Service, then any Consumer Payments which would otherwise have fallen due during the period of suspension of your User account will be suspended during the period of the suspension of your User account.

Last updated: February 2024

TERMS OF USE FOR VENDORS

BY USING OUR WEBSITE AS A VENDOR YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY

  1. Introduction: These Terms of Use for Vendors are additional terms which apply if you use Dermpiece as a Vendor (also referred to as “you” and “your” in these Terms of Use for Vendors). These Terms of Use for Vendors form part of your agreement with us.
  2. Interpretation: In these Terms of Use for Vendors, defined terms have the same meanings given to them in the Terms of Use for all Users. In addition:
    • “VAT” means United Kingdom value added tax and any other tax imposed in addition to or in substitution for it at the rate from time to time imposed and any equivalent or similar governmental, state, federal, provincial, or municipal indirect tax, charge, duty, impost or levy in any other jurisdiction; and
    • “Tax” shall include all forms of tax and statutory, governmental, state, federal, provincial, local government or municipal charges, duties, imposts, contributions, levies, withholdings or liabilities wherever chargeable and whether of the UK or any other jurisdiction.
  3. Other terms which will apply to your use of Dermpiece: The following terms will also apply to your use of Dermpiece and you agree to them:
  4. Other terms which may apply to your use of Dermpiece: The following additional terms may apply to your use of Dermpiece:
  5. What are the fees that we charge Vendors for the use of Dermpiece? We charge a fee to you of twenty per cent (20%) of all Consumer Payments made to you (exclusive of any VAT element of the Consumer Payment) (called Our Fee. The remaining eighty per cent (80%) of the Consumer Payment (exclusive of any VAT element of the Consumer Payment) is payable to you (called “Vendor Earnings”). Our Fee includes the costs of providing, maintaining and operating Dermpiece and storing your Content. Our Fee is deducted from the Consumer Payment, and Vendor Earnings are paid to you in the way described in the Payouts to Vendorssection below.
  6. How to set up your account as a Vendor account: To set up your account as a Vendor account:
    • You will need on your User account page to fill your address, country, state, phone and email.
    • You will need on your User account page to add a bank account or payment details of your bank account or a payment method.
    • You will need on your User account page to select one of the available methods provided by Dermpiece as to how your Vendor Earnings will be transferred to you. These methods are called Payout Options.
    • You may also need to submit additional information depending on the country where you live.
    • We may ask you for additional age or identity verification information at any time. We may reject your application to set up a Vendor account for any reason.
    • Once you have set up your account as a Vendor account, then if you want to charge your Consumers a monthly subscription fee you will need to set your subscription price for your Consumers within the range allowed by Dermpiece.
    • You will then be able to start adding Content and Users will be able to subscribe to your account to become your Consumers.
    • If you lose access to your account, you can reset your password, but you will need to know the email address used to set up the account to do so. If you do not recall the email address used to set up the account, we may require you to provide identification documents and photos and any additional evidence we may reasonably require to prove your identity.
  7. Personal legal responsibility of Vendors: Only individuals can be Vendors. Every Vendor is bound personally by the Terms of Service. If you have an agent, agency, management company or other third party which assists you with the operation of your Vendor account (or operates it on your behalf), this does not affect your personal legal responsibility. Our relationship is with you, and not with any third party, and you will be legally responsible for ensuring that all Content posted and all use of your account complies with the Terms of Service.
  8. Consumer/Vendor Transactions: This section describes the terms which apply to Consumer/Vendor Transactions:
    • All Consumer/Vendor Transactions are contracts between Consumers and Vendors on the terms of the Standard Contract between Consumer and Vendor. Although we facilitate Consumer/Vendor Transactions by providing the Dermpiece platform and storing Content, we are not a party to the Standard Contract between Consumer and Vendor or any other contract which may exist between a Consumer and Vendor, and are not responsible for any Consumer/Vendor Transaction.
    • Consumer Payments are exclusive of VAT, which shall be added at the current rate as applicable to Consumer Payments.

    • When you receive confirmation from Dermpiece, either in the ‘Statements’ page of your User account or by email (or both), that the Consumer/Vendor Transaction has been confirmed, you must perform your part of such Consumer/Vendor Transaction (for example, by allowing the Consumer to view the Content on your Vendor account and/or providing the customised Content paid for by the Consumer and/or allowing the Consumer to use the Consumer interaction function paid for (as applicable)).

  • In case of tattoo payments, you must interact with the Consumer before payment, view images of proposed tattoo(s) and approve or not. Once approved by you, the Consumer can add the product to cart on Website and proceed to checkout. In this process must be clear to the Consumer when you will be able to proof that the tattoo was already done. you agree that you will indemnify us for any breach by you of this obligation (which means you will be responsible for any loss or damage (including loss of profit) we suffer as a result of you failing to comply with this obligation).

  1. Content – general terms: In addition to the terms set out elsewhere in the Terms of Service (in particular in our Acceptable Use Policy), the following terms apply to the Content posted, displayed, uploaded or published by you as a Vendor on Dermpiece:
    • Your Content is not confidential, and you authorize your Consumers to access and view your Content on Dermpiece for their own lawful and personal use, and in accordance with any licenses that you grant to your Consumers.
    • You warrant (which means that you make a legally enforceable promise to us) that for each item of Content which you post, display, upload or publish on Dermpiece:
      • the Content complies in full with the Terms of Service (and in particular our Acceptable Use Policy);
      • you hold all rights necessary to license and deal in your Content on Dermpiece, including in each territory where you have Consumers and in the United Kingdom;
      • you either own your Content (and all intellectual property rights in it) or have a valid license to offer and supply your Content to your Consumers;
      • if your Content includes or uses any third-party material, you have secured all rights, licenses, written consents and releases that are necessary for the use of such third-party property in your Content and for the subsequent use and exploitation of that Content on Dermpiece; and
      • the Content is:
        • of satisfactory quality, taking account of any description of the Content, the price, and all other relevant circumstances including any statement or representation which you make about the nature of the Content on your account or in any advertising;
        • reasonably suitable for any purpose which the Consumer has made known to you is the purpose for which the Consumer is using the Content; and
        • as described by you.
      • You agree that you will be liable to us and indemnify us if any of the warranties at section 9(b) is untrue. This means you will be responsible for any loss or damage (including loss of profit) we suffer as a result of any of the warranties being untrue.
      • We are not responsible for and do not endorse any aspect of any Content posted by you or any other User of Dermpiece. We do not have any obligation to monitor any Content and have no direct control over what your Content may comprise.
      • You also agree to act as custodian of records for the Content that you upload to Dermpiece.
  1. Advertising on Dermpiece:
    • If you post or upload Content to your Vendor account which is designed to promote, directly or indirectly, a third-party goods, services or image in return for payment, other valuable consideration, or self-promotional purposes (including advertising, sponsorship, and product placement) (together “Advertising Content”), then you must comply with the requirements set out in sections 10(b) and (c) of these Terms of Use for Vendors.
    • Requirements – Advertising Content: You must ensure that any Advertising Content which you post to your Vendor account:
      • does not:
        • prejudice respect for human dignity;
        • include or promote discrimination based on sex, racial or ethnic origin, nationality, religion or belief, disability, age or sexual orientation;
        • encourage behaviour prejudicial to health or safety;
        • encourage behaviour grossly prejudicial to the protection of the environment;
        • cause physical, mental or moral detriment to any person;
        • directly urge persons to purchase or rent goods or services in a manner which exploits their inexperience or credulity;
        • directly encourage persons to persuade others to purchase or rent goods or services;
        • exploit the trust of persons in others; or
        • unreasonably show persons in dangerous situations;
      • does not advertise cigarettes and other tobacco products, electronic cigarettes and electronic cigarette refill containers, illegal drugs, or any prescription-only medicine;
      • does not advertise, promote, or facilitate illegal gambling, and
      • in respect of any Advertising Content for alcoholic drinks, is not aimed at minors and does not encourage immoderate consumption of alcohol.
  1. Co-authored Content:
    • If you upload Content to your Vendor account which shows anyone else other than or in addition to you (even if that person cannot be identified from the Content) (“Co-Authored Content”), you warrant (which means you make a legally enforceable promise to us) that each individual shown in any Co-Authored Content uploaded to your account is i) a Vendor on Dermpiece; or ii) a consenting adult, and that you have verified the identity and age of each such individual and will provide supporting documents as we may request in our discretion.
    • You further warrant that you have obtained and keep on record written consent from each individual shown in your Co-Authored Content that such individual:
      • has given his or her express, prior and fully informed consent to his or her appearance in the Co-Authored Content; and
      • has consented to the Co-Authored Content in which he or she appears being posted on Dermpiece.
    • In addition to the confirmations in sections 11(a) and (b) above, you agree that if you upload Co-Authored Content where the other person or people appearing in the Content maintain a Vendor account on Dermpiece, you will tag the Dermpiece account(s) of any person or people appearing in the Co-Authored Content who can be identified from it.
    • If any Co-Authored Content is a work of joint authorship, you are solely responsible for obtaining any required licenses or consents from any other joint authors of the Content which are sufficient to permit such Content to be uploaded to and made available on Dermpiece.
    • You agree that we will only arrange for Vendor Earnings to be paid to the account of the Vendor to which the Co-Authored Content is uploaded. The Vendor who uploaded the Co-Authored Content is solely responsible for dividing and distributing any revenue generated from the Co-Authored Content between the individuals shown in such Co-Authored Content. Any such revenue-sharing agreement shall be an independent, private agreement between you and such individual(s), and we are not responsible for providing or enforcing any such agreements. You understand and agree that you are not entitled to any Vendor Earnings earned on any Co-Authored Content in which you appear but which is posted on another Vendor’s account. If you post Co-Authored Content on your account, we may require you to provide valid and complete legal information for all individuals which appear in the Co-Authored Content. If you fail to provide any information requested by us upon our request, we may delete the Co-Authored Content, restrict your rights and permissions to post as a Vendor, terminate your account, and/or withhold all or any portion of Vendor Earnings earned but not yet paid out to you.
    • You agree to release us from and not to make any claims against us arising from Co-Authored Content. You agree that all claims arising from Co-Authored Content shall be made against the Vendor(s) who posted Co-Authored Content or the individual(s) who appeared in the Co-Authored Content (as applicable).
  1. Payouts to Vendors:
    • All Consumer Payments will be received by a third-party payment provider approved by us.
    • If you have chosen the Paypal Payment option, Paypal will collect the Consumer Payment and pay the Vendor Earnings to your Paypal account.
    • Paypal Transaction Fee will be deducted from the Consumer Payment received and your Vendor Earnings will be held by us or one of our subsidiary companies on your behalf.
    • Your Dermpiece account will be updated within a reasonable time with your Vendor Earnings. Your Vendor Earnings will become available for withdrawal by you from your Dermpiece account once such Vendor Earnings appear in your Dermpiece account.
    • To make a withdrawal of Vendor Earnings from your Dermpiece account, you must have at least the minimum payout amount in your Dermpiece account. Please click on the Banking page on your account to see what the minimum payout amount is for your country of residence and Payout Option.
    • Once the customer makes the payment, you are eligible to withdraw a maximum of 20% of your amount (don’t forget you get paid 80% of the product price). The remaining 80%, only can be withdrawn after you have gotten the tattoo and sent proof to the customer.
    • The amount that you see in your ‘current balance’ in your Dermpiece account is your Vendor Earnings at the relevant time. All Consumer Payments and Vendor Earnings are transacted in USD only. Your bank may charge you currency conversion or transfer fees to receive the money. We do not have control over currency exchange rates or charges imposed by your bank or your e-wallet company, and we and our subsidiary companies will not be responsible for paying any charges imposed by your bank or your e-wallet company.
    • If a Consumer successfully seeks a refund or chargeback from their credit card provider in respect of a Consumer Payment made to you, we may investigate and may decide to deduct from your account an amount equal to the Vendor Earnings earned by you on the charged-back or refunded amount.
    • Except for Payout Options involving payment by direct bank transfer, we do not store any data disclosed by you when you register your Payout Options with a third-party payment provider.
  1. Circumstances in which we may withhold Vendor Earnings:
    • We may withhold all or any part of the Vendor Earnings due to you but not yet paid out:
      • if we think that you have or may have seriously or repeatedly breached any part of the Terms of Service;
      • if you attempt or threaten to breach any part of the Terms of Service in a way which we think has or could have serious consequences for us or another User (including actual or possible loss caused to us or another User); or
      • if we suspect that all or any part of the Vendor Earnings result from unlawful or fraudulent activity, either by you or by the Consumer who made the Consumer Payment resulting in the Vendor Earnings,

for as long as is necessary to investigate the actual, threatened or suspected breach by you or the suspected unlawful activity (as applicable). If following our investigation, we conclude that (i) you have seriously or repeatedly breached any part of the Terms of Service; (ii) you have attempted or threatened to breach any part of the Terms of Service in a way which has or could have serious consequences for us or another User (including actual or possible loss caused to us or another User), and/or (iii) the Vendor Earnings result from unlawful or fraudulent activity, we may notify you that you have forfeited your Vendor Earnings.

  • We may also withhold all or any part of the Vendor Earnings due to you but not yet paid out if we receive notice that you have secured, encumbered, pledged, assigned, or otherwise allowed a lien to be placed on Vendor Earnings. We undertake no duty to pay Vendor Earnings to third-party lienholders and may withhold payment of Vendor Earnings until the lien has been removed.
  • We shall not have any responsibility to you if we withhold or forfeit any of your Vendor Earnings where we have a right to do so under these Terms of Use for Vendors.
  • If we are withholding all or any part of the Vendor Earnings due to you and we determine that part of the Vendor Earnings withheld by us is unrelated to breaches by you of the Terms of Service or suspected unlawful or fraudulent activity, then we may arrange for you to be paid the part of the Vendor Earnings which we determine to be unrelated to breaches by you of the Terms of Service or suspected unlawful or fraudulent activity. However, you agree that if we consider that your breach(es) of the Terms of Service has or may cause us loss, we may withhold all Vendor Earnings due to you but not yet paid and we may set off such amounts against any losses suffered by us.
  • If once we have finished our investigation we determine that Vendor Earnings are forfeited, we will (unless prohibited by law) use our best efforts to ensure that any Consumer Payments which resulted in forfeited Vendor Earnings are returned to the relevant Consumers who paid such Consumer Payments.
  1. Promoting Tax compliance and VAT:
    • General:
      • We recommend that all Vendors seek professional advice to ensure you are compliant with your local Tax and VAT rules, based on your individual circumstances.
      • By using Dermpiece as a Vendor, you warrant (which means you make a legally enforceable promise) that you have reported and will report in the future the receipt of all payments made to you in connection with your use of Dermpiece to the relevant Tax authority in your jurisdiction, as required by law.
      • By using Dermpiece as a Vendor you warrant (which means you make a legally enforceable promise) that you will at all times comply with all laws and regulations relating to Tax which apply to you. If, at any point whilst you have an Dermpiece account, any Tax non-compliance occurs in relation to you (including a failure by you to report earnings or the imposition on you of any penalty or interest relating to Tax) or if any litigation, enquiry, or investigation is commenced against you that is in connection with, or which may lead to, any occurrence of Tax non-compliance, you agree that you will:
        • notify us by email to legal@dermpiece.comin writing within 7 days of the occurrence of the Tax non-compliance or the commencement of the litigation, enquiry or investigation (as applicable); and
        • promptly provide us by email to legal@dermpiece.comwith:
          • details of the steps which you are taking to address the occurrence of the Tax non-compliance and to prevent the same from happening again, together with any mitigating factors that you consider relevant; and
          • such other information in relation to the occurrence of the Tax non-compliance as we may reasonably require.
        • For the avoidance of doubt, you are responsible for your own Tax affairs and we and our subsidiary companies (i) are not responsible for advising you on your Tax affairs and will not be liable in respect of any general information provided on Dermpiece or by contact@dermpiece.comin respect of Tax, and (ii) will not be liable for any non-payment of Tax by Vendors.
        • We reserve the right to close your Dermpiece account if we are notified of or become aware of any Tax non-compliance by you.

Last updated: February 2024

Address:
Locanza Limited.
Zimpeto, Mecufi Street 249
Maputo, Mozambique

Effective February 1, 2024
Last Amended February 1, 2024

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