1.1 Data Controller / Merchant or Owner
Everyoung Beauty and Age Reversal (EBAR) - Zurich, Switzerland and or its owner or assignee, or legal successor and representatives in EU. The service provider is providing online and live trainings only and it does not sell, provide, ship or deal with any sort of physical products. In bundle offers products are provided by the Product Partner Company (under partnership).
1.2 Types of Data collected
1.2 Invoicing for online services / web-based products / trainings inside EU
All students of all courses of www.everyoung.com, www.hyaluronpen.academy, www.everyoung.com, www.hyaluronpen.vip inside the EU hereby confirm that they are using the sort of local entrepreneurship with limited or unlimited responsibility that makes them legible for taxation, including and not limited to value added taxes under the framework of the value added taxation of the European Union. In case the student of any sort of learning online or offline provided by the Merchant is not able to provide an internationally acceptable number of such taxation responsibility he or she becomes responsible for any sort of taxation that may be additionally demanded by his or her local taxation institutions, government or fiscal offices.
1.4 Data needed for Invoicing and attending and principles related to that
The person attending the training (including the person using any sort of web-based learning systems provided by Merchant, student/buyer/customer) does not have to be the same that the person paying for such courses. In case it is a group training the person attending has to provide the details of any sort of local entrepreneur that is legible for taxation within the local framework of taxation according to the laws of the European Union. This means that i.e. a company may pay for the courses of different individuals that do not exercise any for of entrepreneurship whatsoever.
1.5 Failure to provide certain Personal Data
The User (student/buyer/customer) assumes responsibility for the Personal Data of third parties published or shared through this Application and declares to have the right to communicate or broadcast them, thus relieving the Data Controller of all responsibility.
1.6 Mode and place of processing the Data - Method of processing
The Data Controller processes the Data of Users in proper manner and shall take appropriate security measures to prevent unauthorized access, disclosure, modification or unauthorized destruction of the Data. Access to the Data may be available to Data Processors such as employees involved with the processing or to external parties providing services to the Data Controller, third party technical service providers, mail carriers, hosting providers, IT companies, communication agencies. The updated list of these parties may be requested from the Data Controller at any time.
The Data is processed at the Data Controller headquarters, unless stated otherwise in the rest of this document.
All communication via this website and offline during the trainings, before and after those are carried out in English and in local languages. All arguments re solved using English language. In addition the student/buyer/customer is provided sales consultation in Finnish and Russian.
1.9 Conservation Time
The Data is kept for the time necessary to provide the service requested by the User, or stated by the purposes outlined in this document, and the User can always request the Data Controller for their suspension or removal.
1.10 The use of the collected Data
The Personal Data used for each purpose is outlined in the specific sections of this document.
1.11 Legal Action
The User’s Personal Data may be used for legal purposes by the Data Controller, in Court or in the stages leading to possible legal action arising from improper use of the solutions provided by the Merchant or any sort of public defaming. All legal disputes regarding these terms of service are solved in the court of Switzerland or by the court appointed by the Merchant (within the European Union, by default the legislation the Merchant Product Partner Company operates under). All cases with any tangible items involved and online training provided by trainers in European Union are solved by default under the legislation of the Merchant Product Partner Company location (as specified in this terms of service).
1.12 Additional Information about User (student/buyer/customer)’s Personal Data
1.13 The rights of Users (students/buyers/customers)
Users have the right, at any time, to know whether their Personal Data has been stored and can consult the Data Controller to learn about their contents and origin, to verify their accuracy or to ask for them to be supplemented, cancelled, updated or corrected, or for their transformation into anonymous format or to block any data held in violation of the law, as well as to oppose their treatment for any and all legitimate reasons. Requests should be sent to the Data Controller at the contact information set out above. The Merchant has no obligation to provide one user date of another user.
Personal Data (or Data) - Any information regarding a natural person, a legal person, an institution or an association, which is, or can be, identified, even indirectly, by reference to any other information, including a personal identification number.
Usage Data - Information collected automatically from this applications/websites or services provided by the Merchant (or third party services employed on the platforms of the Merchant), which can include: the IP addresses or domain names of the computers utilized by the Users who use this Application, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilized to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server’s answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilized by the User, the various time details per visit (e.g., the time spent on each page within the platform, videos watched) and the details about the path followed within the Application with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the User’s IT environment.
User - The individual using this Application, which must coincide with or be authorized by the Data Subject, to whom the Personal Data refer.
Data Subject - The legal or natural person to whom the Personal Data refers to.
Data Controller (or Application Owner, or Owner) - The natural person, legal person, public administration or any other body, association or organization with the right, also jointly with another Data Controller, to make decisions regarding the purposes, and the methods of processing of Personal Data and the means used, including the security measures concerning the operation and use of this Application. The Data Controller, unless otherwise specified, is the Owner of this Application.
Application/Website/Platform - The hardware or software tool by which the User Personal Data is collected or services provided by the Merchant in relation to which the data is collected.
Legal information - Notice to European Users: this privacy statement has been prepared in fulfilment of the obligations under Art. 10 of EC Directive n. 95/46/EC, and under the provisions of Directive 2002/58/EC, as revised by Directive 2009/136/EC, on the subject of Cookies.
1.16 Data protection agreement. Herby the Merchant takes full responsibility regarding the protection of the customer personal data. Merchant is allowed to publish customer data to third parties only with the written permission from the customer. The only exception is a court order from the legislation the Merchant operates under.
Update: 1. December 2018
This section about Data Collection was last modified on May 8, 2019.
2. Services provided, Online training terms
Please read these Terms of Service (“Agreement”, “Terms of Service”) carefully before using www.hyaluronpen.academy, www.everyoung.com, www.everyoung.com, www.hyaluronpen.vip, www.microblading.art, www.sharpbrows.com and other websites or platforms that direct to those websites operated by Everyoung Beauty and Reversal (EBAR) (“us”, “we”, or “our”, “Company”, “Merchant”). This Agreement sets forth the legally binding terms and conditions for your use of this website and all of the subdomains, related sites, co-trainers, messaging platforms, other platforms, apps and sub-categories of those sites).
2.1 Acceptance of general terms and conditions
By joining an online training service from our site (www.hyaluronpen.academy, www.everyoung.com, www.everyoung.com, www.hyaluronpen.vip and others that direct to those websites or where the Everyoung online training is presented as an intangible product or service), you accept all of the terms and conditions, including our Privacy Statement and Refunds Policy. As well as this applies to all sorts of sales negotiations or negotiations related to participating in a training of Hyaluronpen.academy, www.everyoung.com, www.everyoung.com, Hyaluronpen.vip, Microblading.art. If a visitor of one of those websites is considering participating in a training we strongly suggest to read all of terms of service to see if he/she agrees to those. If you do not agree to the terms, please accept that the terms will not be modified unless it concerns corporate group trainings with 20+ participants in one location at a single live event training. If any modifications are made to the terms, the new terms under such circumstances must be signed (on paper or digitally) by all parties.
2.2 Price changes
Merchant reserves the right to change prices. Prices at the time of placing an order are valid throughout the buying process. At times where software or human errors for instance list products with an obvious faulty price, Merchant reserves the rights to cancel the order - notifications will be given.
2.3 Change of product selection
Merchant reserves the right to change its stock availability on the site and to remove online product items from the product range before a purchase has been registered on the websites under this policy.
2.4 Product information
We do our best to make sure that all of the content on our site is correct. However, as we are only human, we reserve the right that unintentional errors may occur. However, as the Merchant only sellers online trainings and there are no physical products whatsoever, there are very few issues with online product properties.
2.5 Online training default description
Comprehensive online training with 50+ pages on learning materials contract, care instructions. Also contains actual training videos. The price includes support + online examination with an instructor. After a successful voluntary examination, the student gets an Everyoung Hyaluron Pen Certificate proving participation on the online training. The training is in English and 100% online and contains no physical products. By buying the online training you accept the terms of service (here).
2.6 Legal age required to order online training / training / bundle solutions
If you are under the age of 18, your parents’ or guardian’s consent is required to make any sort of purchases on this platform or buying button on websites under this policy (www.hyaluronpen.academy, www.everyoung.com, www.everyoung.com, www.hyaluronpen.vip and others that direct to those websites or where the Everyoung online training is presented as an intangible product or service).
2.7 Available time of the online training access - 90 days!
There are no physical products ever shipped by Merchant, as the Merchant does not sell or provide any tangible items. All bundle offers contain the intangible product from the Merchant and may contain tangible item(s) from the Merchant Product Partner Company. The Merchant does not offer any sort of accessories or products in combination of the online training service. It is only possible to join the online training service. Standard access time to training platform is 3 months (limited to 90 days) and it may be extended by the representative of the Merchant if such notice is given to the student/customer/buyer before joining the online training in a written reproducebale format. During the 90 days of the training the Merchant guarantees support - all questions that have been sent by a student/buyer/customer will usually be answered within 1 business day. Also, the Merchant does its best that the material on the account was current and up to date (as hyaluron pen procedure is fairly new, updates are vital to keep the information knowledge up to date). The student/buyer/customer can also ask for advice of any sort and the Merchant Support team grants the best support possible during the 90 days. When the 90 days training period has passed and the access to an account is still available for the student/buyer/customer, the Merchant takes no responsibility whatsoever regarding the currency of the material in the account of the student/buyer/customer. After the 90 days training period, all open accounts are considered complementary and can be used 100% at the responsibility of the student/buyer/customer. In case the student/buyer/customer chooses to extend the learning period (after one 90 day cycle is over), he/she will receive an account with all the most current updates.
2.8 Joining the online training
In terms of payment, we accept credit cards: VISA and Mastercard only. Making purchases in our webshop is secure (SSL). We use state of the art technology to keep your credit card information safe. User is fully legible for any sort of fees regarding the customs. Prices are stated in EURO. Purchases can only be made in the currency available for the country where you are making the purchase from.
2.9 Student/buyer/customer getting or not getting insurance after the training
By using the platforms of the Merchant and/or making any orders the student/buyer/customer fully understands that the Merchant can not and does not guarantee in any way that the student/buyer/customer will get additional license to provide the service, nor does the Merchant guarantee that the student/buyer/customer will get insurance in his/her specific location for performing the procedure. Getting insurance depends on a wide range of aspects related to student background, insurance history, previous qualifications, experience, etc. It is 100% responsibility of the student to get the information about insurance possibilities before joining the training and the Merchant will not get involved in that in any way. By making the orders and joining the online training the student/buyer/customer has agreed to give up certain legal rights, including the right to sue or recover damages in case of injury, death or property damages, for any reason, including but not limited to him/her not getting insurance or being unable to perform the procedure for any other reason.
2.10 Location of the online training (EU or Switzerland, never outside)
Depending on the legislation the online training is an intangible product combined with the service or just service. Online training is always provided from within European Union or Switzerland. All online training material is based on criteria and circumstances in European Union and Scandinavian countries. Online training by the Merchant is not provided anywhere else outside EU or Switzerland, therefore all laws under which the online training is provided are based on legislation of those countries. The online training is provided under the specific EU legislation the concrete representative of the Merchant operates under or by default under the legislation the customer/student/client enters the contract with the Merchant or Merchant Product Partner Company.
2.11 EU Countries
Everyoung Beauty and Age Reversal (EBAR) is registered and operate out of Switzerland with the network of different affiliates operating under several legislations (in EU and outside). Also, we state that we are not able to ship products to countries inside or outside of EU.
2.12 Using websites under this policy (www.hyaluronpen.academy, www.everyoung.com, www.everyoung.com, www.hyaluronpen.vip).
By accessing or using the Site in any manner, including, but not limited to visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms of Service.
2.13 Intellectual Property
The Site and its original content, features and functionality are owned by Merchant and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws
We may terminate your access to the Site (and all other platforms related to that), without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
2.15 Links To Other Sites
2.16 Governing Law (refer to pt 5 Acceptance of Product Partner Company conditions)
This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of the location of the affiliate who established a direct relationship with the student/customer/buyer (in most cases a member country of EU), by default the location of the Merchant Product Partner Company (details in Acceptance of Product Partner Company conditions section, pt 5).
2.17 Changes To This Agreement and terms of service in general
We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site. Your continued use of the Site or any solutions provided by Merchant on any websites under this policy after any such changes constitutes your acceptance of the new Terms of Service.
Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.
2.18 Contact the Merchant
If you have any questions about this Agreement, please contact us through the form on this website. Everyoung Beauty and Age Reversal (EBAR) or send an email to email@example.com.
3. Release and waiver of liability, Certification, Refunds, Disputes, Claims, Online training no-refund policy, Responsibility for false/malicious claims
3.1 Purchasing online training or services
Prices are stated in EURO . Purchases can only be made in the currency available for the country where you choose your delivery to be made.
Everyoung Beauty and Age Reversal (EBAR) is registered and operate out of Switzerland with the network of different affiliates operating under several legislations (in EU and outside). All online training is provided from Switzerland or from within EU.
3.2 In no parts of the online training, live training does the Merchant or its representatives, partners and co-trainers provide any legal or medical advice!
All information in videos and materials is just generally informative. If the training video contains opinions regarding different rules, regulations, directives, standards etc, it must be considered just an opinion of a specific trainer and by no means a direct legal, medical or cosmetic advice and must be considered just a third party opinion. In no parts of the online training no legal or medical advice is provided by the Merchant. All rules and regulations regarding different rules, regulations, directives, standards of various countries are subject to change and the buyer is fully responsible (as defined repeatedly on the public websites of the Merchant as well as in the terms of service) for using the information of the online class according to specific local rules and regulations.
3.3 Release and waiver of liability, assumption of risk, and indemnity agreement (all training, online training, product use, advice and related)
Student/buyer/customer acknowledges that all cosmetic/beauty/medical procedures with such fairly new tools like hyaluron pen, LuxeOmbre machine etc, can be inherently dangerous and involve risks that may cause serious injury and in some cases death, because of the unpredictable nature and irrational behavior of human body, regardless of their training and past performance of the technician. Student/buyer/customer voluntarily assumes the risk and danger of injury or death of herself/himself or her/his clients inherent in the use of the such devices, equipment and gear used for performing such treatments.
Student/buyer/customer release, discharge and promise not to sue the representatives and co-trainers of the Merchant or the Merchant doing business under its own name or any other name and/or any of its owners, officers, employees and agents (hereinafter the “releasees”), for any loss, liability, damages, or cost whatsoever arising out of or related to any loss, damage, or injury (including death) to her/his person or property.
Student/buyer/customer releases the releasees from any claim that such releasees are or may be negligent in connection with the hyaluron pen procedure performing experience or ability including but not limited to training of treating certain regions, maintenance, care, aftercare, fit or adjustment of devices or accessories, instruction or procedure performing, legal opinions, medical opinions or theory explaining skills and whatsoever general or specific advice given.
Student/buyer/customer agrees to hold harmless the Merchant, instructors, its employees and agents from and against any loss, liability, damage or cost they may incur arising out of or in any way connected with either his/her use of the device, do the treatment, consult his/her clients and any equipment of accessories provided therewith or any acts or omissions of wranglers or other employees or agents.
Student/buyer/customer agrees that the foregoing release and waiver of liability, assumption of risk, and indemnity agreement is governed by the laws under which this agreement is entered into and is intended to be as broad and inclusive as is permitted by that law (study and perform the procedures completely and entirely at your own risk), and that in the event any portion of this agreement is determined to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the balance of the agreement shall not be affected or impaired in any way and shall continue in full legal force and effect.
Student/buyer/customer acknowledges that this document is a contract and agree that if a lawsuit is filed against a partner, representative, co-trainer of the Merchant, or the Merchant, or its owner, agents, employees, guides or wrangles for any injury or damage in breach of this contract, the Student/buyer/customer will pay all attorney’s fees and costs incurred by the Merchant (and or releasees) in defending such an action.
3.4 Using the Merchant site student environment and any other sort of web-page learning/video environment on websites under this policy.
The student (the party that attends or will attend the Merchant class or whatever sort of services is always responsible for deleting the cache memory of the browsed used, because not clearing that or not deleting the history of the browser may result in seeing the older version of the site that contains less information. If the student wants to join a course and/or use any sort of web-based learning systems (including and not limited to video, studying etc environments) the person has to accept all terms of service presented here.
3.5 Certification and certificate
Certification after the training is 100% optional and voluntary for the student/buyer/customer. If the student/buyer/customer does not want to get certified, he/she does not have to do the assessment and get the certificate. Not doing the test with the trainer or co-trainer, not becoming assessed and certified does not free the student/buyer/customer from any of his/her responsibilities nor is any basis at all for any amount of refund from the original price of the training. All certification and support is a complimentary service to help the student understand the training material better.
3.6 Meaning and significance of the certificate - No rights or licences whatsoever given with the certificate of attendance and certification procedure!
The student/buyer/customer herby fully understands that the certificate given to her/him after completing the assessment does not give her/him any rights to perform the procedure. The certificate is a sign of completion the class and it states: “Before doing any procedures, the student has been advised to make sure that the service and products she/he is going to offer, are compliant with all the local rules and regulations. This is not guaranteed by any way by the organizer of the online training and is 100% the responsibility of the student.” This means that the certificate can not be used to say in any way, shape of form that the student/buyer/customer is “given a right” to perform the procedure or awarded any licences, degree or privilege.
3.7 Printed copies of the certificates are complimentary gifts - not included int he price, 100% benevolence of the Merchant.
Printed certificates are not included in the price of the online training. After the student/buyer/customer has completed the training she will receive a digital certificate upon request. The merchant may send a printed version of the certificate A4 as a complimentary gift to the student/buyer/customer. All such printed certificates are sent via ordinary mail and may not be trackable. Depending on the location of the student/buyer/customer additional shipping fees may apply.
3.8 Comments / suggestions / defaming
In case the student/buyer/customer has reasons to believe that the information on the websites under this policy is incorrect or insufficient or the user is unable to log into the site, she/he is responsible of contacting Merchant immediately (as soon as he/she found out that information is missing entirely or partly or is insufficient) and getting consultation how to log on the the site so that all the necessary information would be seen and usable. In case the student/buyer/customer/user has any sort of questions, comments, suggestions, ides, criticism regarding the class or products sold by Merchant, the way the online training was sold, marketing strategies of the merchant etc, he or she has to turn to Merchant regarding those issues (content/quality of the content of the class, video quality, duration, teaching techniques, selling techniques, social media posts of merchant, quality and selection of the topics, contents of the workbooks, learning materials etc) by sending an email through the contact form on this website. In case the student/buyer/customer that has signed up for an online class, ignores that, this can be considered a breach of contract and or defaming and and he / she is responsible for a damage fee 20 times of the cost of the class or online class.
Any defaming by a student/buyer/customer has to be proven by a screenshot or any other proof that will be added to the materials when a case is opened at a court of law. This term is balanced by the Merchant having the same responsibility. If Merchant presents whatever sort of questions, comments, suggestions, ideas, criticism regarding the student/buyer/customer in public or to any third party, not the student/buyer/customer the Merchant is responsible for a damage fee 20 times of the cost of the class or online class. In case the criticism of a student/buyer/customer is based on false information or student/buyer/customer makes a demand to Merchant that is in its essence already contradictory with the terms of service agreed upon in this document and presents the refusal of Merchant to agree to such demands in any sort of negative light in public or to third parties, it is considered immediately defaming, breach of contract and the student/buyer/customer that has committed such an act will be liable for a damage fee 20 times of the cost of the class or online class that has to be paid to Marchant upon its first request. Merchant takes no responsibility whatsoever regarding the blog comments, blog posts or information written by any of the users or third parties about the services of the merchant. Online training education to students is given through classes or online classes and additional rights and regulations can derive from additional written contracts signed between the student/buyer/customer and the partners of the Merchant.
3.9 Gift-codes, discount codes, referrals to third party sites
All gift codes are created and sent to a specific customer for one time use only. This means that the customer is able to use the gift-code during a specified timeframe for purchasing a certain online training solution. When Merchant or a representative of Merchant presents a customer a gift-code, it is always specified for which purchase the gift-code can be used. Any unauthorised use of gift-codes is strictly forbidden. If an unauthorised use of gift-code is detected (using the gift-code presented to other customer, using the same gift-code multiple times, using gift code presented to purchase one online service to purchase another online training service) the purchase may be refunded within 5 business days and online training account may be closed. After detecting an unauthorised use of gift-code Merchant has the right to consider all gift-codes, discounts and privileges of a customer are null and void. After detecting unauthorised use of gift-code the purchase amount can be refunded to the customer that has committed an unauthorised use of a gift-code and Merchant has the right to terminate any client relations in the future with that customer. This means, but is not limited to, not continuing (not committing to a new agreement) to provide services after the period purchased has come to an end (3 months), not providing additional discounts, privileges and support in addition to what has been agreed upon in the initial contract etc. As the terms of service are based upon the laws of the legislation of the affiliate who established a direct relationship with the student/customer/buyer, such behaviour from the side of the student/customer/buyer falls under the description of fraud / scam according to the Penal Law and thus also authorities that have the responsibility to investigate such matters (local / international police, fiscal officers, Interpol) are informed of all such incidents. If an unauthorised gift-code was used, other online trainings bought with gift-codes are never refunded.
All referrals and buying suggestions are always given on the websites under this policy (www.hyaluronpen.academy, www.everyoung.com, www.hyaluronpen.vip and all sites and subcategories related to those). Even then, the merchant takes no responsibility whatsoever regarding the changes of terms on those websites or the quality of service. The merchant clearly states if it has made orders from those sites. Merchant takes no responsibility whatsoever regarding all referrals, mentions, listings etc presented by any employee or representative of the Merchant on any other place (chat window, messaging applications, emails etc). All tested referrals are always presented on the websites under this policy.
3.10 Payments for online services
If a student/buyer/customer has made a decision to join an online training (or any other online solution) the student/buyer/customer has to acknowledge that online training in its essence is getting access to a series of videos and learning material. The fee for the online training is told beforehand. Online training environment allows the student/buyer/customer to explore the material for 3 months after making a payment for an online class. In case the Merchant takes prepayments for future online trainings and is unable to provide those, no other online products will be refunded by the Merchant because of that. The Merchant may present alternatives to the student/buyer/customer. However, if the student/buyer/customer does not agree to take an alternative online class instead of the one that was not been given access to on the date promised, the merchant will return the pre-payment.
3.11 Material added in portions
Depending on the course, material may be added in parts (smaller portions). In case material is added in smaller portions, all of the needed material to complete the course, has to be added within 4 weeks from joining an online class and the 3 month period is calculated from the last addition that is needed to complete the class. In case an online class includes also practicing or consulting sessions over internet those may be done for a separate fee (depending on the introduction of the course). In case in the introduction of the course no online live training sessions or consultation is referred to, an additional offer is made by the representative agency of the trainer/Merchant for that. In case a functional online training access has been sent to the e-mail address the student/buyer/customer has provided or the student/buyer/customer has received a functional online training account invitation to her/his e-email, online training fee is never refunded (based on the Law of Obligation the which the terms and regulations are based on).
3.12 Online training length and no-refund policy
If not specified otherwise, online training environment remains open for the student/customer/buyer for 3 months after joining and receiving access. After that time, the fee for prolonging membership will be presented to the student/buyer/customer. The fee for the online training always depends on conditions at a special moment in time and therefore can not be predicted beforehand. The service provider has full control over the price of the next session (3 months) of service. After the student/buyer/customer has factually got access to online training (received access to e-mail or a functional account invite), the online training fee will never be refunded, because that would make online training as a solution fully impossible to be sold or marketed under any circumstances. Online training fees are never refunded also, when the student/buyer/customer believes that the material presented on the online training does not meet his/her particular needs or tastes. In addition the user has to be noted that the fee for the original online training will also never be refunded if the student/buyer/customer/user is not satisfied with any other solution purchased from Merchant (one-on-one online training session, another online training product), nor will it be refunded if the user is not satisfied with the complimentary certificate delivery dates, or any other solutions offered by Merchant. The Merchant also takes no responsibility whatsoever, if the student/buyer/customer is able to use the skills presented during the online training in her specific location. As stated many times over, the possibility of providing any sort of services is dependent on local rules and regulations which are also subject to change. The Merchant never gives any guarantees about the legal framework of any specific country - all legal information on the online training platform is generally informative and meant to help to explain what the student/buyer/customer needs to explore further to understand under which circumstances she/he is able to provide the service, in the future. Sometimes the result of the whole online training may be that the student/buyer/customer understands that she is unable to provide the service when she explores further the initial legal opinions and comments presented on the online training platform. In such situations, the online training fee the student/buyer/customer paid for the online training is mutually considered an investment well made because of the student/buyer/customer avoiding much larger expenses or taking unnecessary legal risks.
3.13 Copyright protection of the online training material
All videos on the online training are the property of Merchant. All videos is protected by EU and international copyright laws. Reproduction (partial or full) in any form (including and not limited to taking screenshots, making transcripts etc) is prohibited without a written agreement with Merchant. We are very strict regarding protecting the material presented on those websites and guarantee to take legal action immediately if such violations become apparent. Please appreciate the rights of artists and be prepared to be held responsible for that in a court of the law under the legislation of the affiliate who established a direct relationship with the student/customer/buyer. Merchant takes no responsibility whatsoever regarding how the student/buyer/customer uses this information. All use of the techniques shown, procedures done or strategies applied is completely and entirely the responsibility of the student/buyer/customer as well as making sure the procedure itself, components or devices or tools used or techniques shown are completely legal and acceptable at the place of operating. Different countries may present different rules and regulations thus all video and other learning materials whatsoever on the websites under this policy should be considered generally informative. If you should see the material from those websites presented anywhere else by a third party please be kind enough to inform the Merchant.
3.14 No refund policy regarding how well online training material is understood
The online training fee will also never be refunded on the basis that the student/buyer/customer is unable the understand the material, i.e. the student/buyer/customer claims that the accent of the trainer is not to her/his liking, the sequence of videos does not meet her/his vision of how the videos should be sequenced, the presentation of material is too concrete or there are too many repetitions. The online training is a digital products as is and as the level of students entering the training platform is extremely different, it will never be modified specially to meet individual needs. Therefore it is certain that depending on the student/buyer/customer background, some of the material may be too complicated and some too simplistic. That has to be accepted by the student/buyer/customer. All the students will receive equal opportunities and are presented link to those terms of service before signing up to the training. Also, they are encouraged to read and accept the terms when logging in to the training.
3.15 No guarantee to providing the service after training (online and offline trainings)
The training does not guarantee by any means that the participant will be successful at the field she or he was trained. Nor does the training guarantee that the student/buyer/customer is able to perform the procedure. The student/buyer/customer is 100% responsible for using the material the correct way and making sure the legislation in his/her country allows performing the procedure. As well as Merchant takes no responsibility whatsoever regarding the student/buyer/customer getting insurance or not. The merchant may provide information about the situations where students in similar situations have received insurance, however that is no guarantee whatsoever that an insurance company would insure the specific student/buyer/customer.
3.16 Deadline for payment of live online sessions
All live online session payments must be handled by the customer 14 days before the start of the first day of the agreed online training. All exceptions must be defined by the representative of Merchant in a written form. In case the fee is not paid in full on time the representative of Merchant has the right to reschedule the student’s online training session time. In case the student/buyer/customer refuses the time he/she will be offered at least two more times of additional online live session. In case student/buyer/customer refuses all the times he/she will lose the paid fee that is considered to cover the expenses related to rebooking and handling.
3.17 Force majeure regarding live online training sessions
In case the student has paid the booking fee and the the full fee before the live online session and then it becomes apparent that the student can not participate on a live online training for whatever sort of reason (including but not limited to force majeure), Merchant may offer the student a possibility to participate for free during another online training. However, no fees will be refunded if the Merchant provides the trainer for the original online training session at the agreed time. In case the trainer has to cancel an online training live session or re-schedule it, the student will be offered three additional dates for the live online training. In certain situations the trainer may want to cancel the online training session and not offer three alternative times. Then the student may get a learning credit or a refund in the amount of the initial booking fee. No other cost will be paid to the student even if those costs have been proven to be paid to third parties.
3.18 Opinions / criticism
If student has joined an online training or participated at a live online training session, no refunds whatsoever will be given for the student if the student finds the training not satisfactory later on. In case student reaches an opinion that for whatever reason the course, videos, workbooks, solutions, marketing strategies, client service, or similar was not satisfactory to him/her, after leaving the live online training session or having enrolled to online class, all such opinions, criticism, questions, suggestions or feedback of any kind must first be sent to the Merchant privately. Only in case the merchant does not provide answers to students questions related to content of the training within 12 weeks and the Merchant does not refer to sources where student can find answers (i.e internet based learning systems on websites under this policy) or solutions, is the student allowed to express such opinions / questions in public. The same applies to resellers of the online course. In case either party violates this (by expressing such opinions in public before contacting the other party privately) a fee in the amount of 20 times the course fee or online training fee has to be paid to the other party and the certificate will be revoked and online accounts closed. All posts whatsoever that are not direct messages / private messages / short messages via mobile phone are considered a public. Also sharing messaging via such medias with others are considered as public.
3.19 Claims related to the content of the online class
In case a participant decides to attend the online course and then afterwards finds the course to be unsatisfactory to his or her particular taste no refund will be provided because of the differences in the base knowledge and differences in the belief systems of different students/customers/buyers. In case the student will want some sort of additional information or knowledge the trainer may offer him / her additional ways and means to acquire that knowledge. In case the student considers solutions sold via websites under this policy or products that are included in the starter kit unsatisfactory to his/her particular taste no refund will be provided. The same applies to any sort of changes in the local legislation of the student. The online training is sold as is and the student always takes full responsibility about using the skills learned.
3.20 All disputes and claims related trainings and bundle offer orders
The buyer/student/customer is entitled to start a dispute or file a claim against the Merchant with any third party after receiving an online training or online training bundle offer or any other goods or services from the Merchant. However, before doing that please be reminded of the following:
As the solutions or the Merchant are very standardised, the Merchant has full legal insurance.
The person starting the dispute or filing a claim (student/customer/buyer) to any third party is responsible for all direct legal cost to Merchant that the Merchant has to make in order to resolve the dispute or claim.
All disputes and claims since August 2015 have been solved in Merchants favour.
The typical cost for dispute resolution ranges from 700-1000€, the typical cost for resolving a claim ranges from 1500-2000€. By accepting terms of service and doing business with the Merchant the student/customer/buyer accepts all enforcement proceedings against his/her assets to cover the direct financial cost caused to the Merchant with any dispute/claim procedure.
Those claims by the Merchant against the student/customer/buyer are based on the Law of Obligation of the legal framework the parties have entered this contract under (§2 and §1028) and if necessary are litigated locally as agreed upon by the other sections of this terms of service.
Please be kindly reminded that the theoretical possibility of winning a dispute/claim against the Merchant does not free the student/customer/buyer from the obligation to cover all direct legal cost of the Merchant when the case is litigated under the legal framework the student/customer/buyer has entered this contract under (by default the legislation covering the relations between the student/customer/buyer and Merchant Product Partner Company).
Please be kindly reminded that the theoretical possibility of winning a dispute/claim against the Merchant does not free the Merchant from classifying the claim as a False/Malicious claim according to the terms of service. If Merchant wins litigation against the student/customer/buyer after having lost a dispute/claim of the student/customer/buyer against the Merchant with any third party claim resolving process, the claim to the student/customer/buyer by the Merchant will be based on the amount agreed upon in the section "False/Malicious" claims in this terms of service and herby the student/customer/buyer agrees to cover that with all his/her assets.
Merchant is a reputable and client-centric professional service company. For that reason all persecution, litigation and claim processes against a student/customer/buyer are rare, however, when initiated, always carried out to a final resolution in order to protect other students/customers/buyers of the Merchant and to promote clear, easy to understand and straightforward way of doing business.
3.21 False or Malicious claims - damage fee 20 times the fee paid to the Merchant.
In case the student/customer/buyer that has attended the online class files a claim against the service provider (Merchant and or it's affiliates) and it becomes apparent that:
a) the student/buyer/customer has provided any sort of false information; b) the claim itself is based entirely or partly on false information;
c) the student/buyer/customer has committed an act that violates this agreement, or d) the student/buyer/customer has logged into the training; e) has accepted an account invite, opened it and put it into use; f) received the access to online training environment in email or listened to the course theory part in full or partially or g) makes a demand to Merchant that contradicts the terms of this service and/or then initiates public defaming if Merchant does not agree to that and this is proved with reproducible material, can be basis for failing a claim against the customer/student/buyer in accordance to the Law of Obligations and/or Penal Law of the legislation of the affiliate who established a direct relationship with the student/customer/buyer. And if that could in any way be related to student's unwillingness to fulfil his/her own responsibilities (i.e. payment by instalments or payment a damage fee of 20 times the training or online training fee), the legal partner of Merchant will take it to the court of law that results (based on analogy and depending on the previous possible criminal record of the student) in pecuniary punishment or up to five years imprisonment. The Merchant has the right to have such claims handled according to terms and legislation of its choice, by default under the legislation the student/customer/buyer enters the contract with the Merchant and/or the Merchant Product Partner Company. The damage fee for a false claim the student/customer/buyer has to pay is 20 times the fee of the online training or 20 times the fee of the bundle offer the student/customer/buyer has paid to the Merchant. Covering the damage fee for the false/malicious claim does not free the student/customer/buyer from covering the direct legal costs of the Merchant.
3.22 Inability to pay for the online course or live online training sessions
In case the student is unable to pay for the live online training or a solution that includes a live-session before the course a payment settlement is offered to the student/buyer/customer by Merchant or it's representatives. A settlement has to be accepted in a reproducible form (i.e. an email exchange). In case the student/buyer/customer is allowed to attend an online course before the course fee is paid in full the student/buyer/customer has to acknowledge that according to the TERMS of SERVICE the certificate is valid only as long as he/she follows the payment schedule agreed with the service provider. In case the student/buyer/customer is unable to follow the payment schedule for over 30 days and the student/buyer/customer demonstrates no willingness to agree on new reasonable payment schedules (reasonable in this context means no longer than 1 month), Merchant has the right to publish student/buyer/customer personal information with a referral to the fact that he/she owns money and is in the sense of service providing ethics untrustworthy.
3.23 Procedures done or services provided by the student/buyer/customer after the training
Merchant, the training provider or whatever other institution that has the right to represent Merchant or sell online trainings with Merchant material takes no responsibility whatsoever for the results of the treatments students make after the live online class or online training. Merchant or whatever other institution that has the right to represent Merchant will not carrie out corrections for the clients of the students nor guarantee in any way the success of such procedures. Also, responsibilities regarding hygiene of the procedure lies entirely upon the student/buyer/customer carrying it out after the live online class or online training. Merchant suggests that the student/buyer/customer takes very throughout look of the local healthcare, hygiene, legal, licence-related and all other regulations of Swissmedic, Health Canada, FDA, Bundesministerium für Gesundheit, Министерство здравоохранения Российской Федерации, or whichever other local healthboard in student’s country governs the rules and regulations regarding using the device and providing the service and carries out the procedures according to that. Merchant only gives general information about the rules applied in different countries and makes suggestions regarding the hygiene, use of products, performing treatments however the responsibility regarding performing the procedures correctly according local hygiene, healthcare, public health, licence regulation etc norms lies entirely on the student/buyer/customer. The student/buyer/customer has to be sure that she / he meets all the local hygiene, compliance and competence requirements, always. As well as the student/buyer/customer takes full responsibility that she /he is allowed to use the devices, products, solutions, strategies etc in their country according to the local rules and regulations of health related governing units. For example, if a student/buyer/customer has joined an online training and is not able to use the skills learned or devices bought because the local rules and regulations forbid it, no refund will be provided as this is the sole responsibility of the student/buyer/customer to seek for and fully understand the local rules and regulations before joining any online training, take additional training to obtain the needed licensing or provide the service in a region where restrictions are more liberal. Merchant nor the employees of the Merchant never take a stand regarding such regulations and student/user is solely responsible finding that out on his / her own. The regulations can differ to a great extent from country to country and even neighbouring countries in the same trading zones or unions of countries or states can have diametrically different approaches. The same applies if the local rules change to stricter - that is always considered unfortunate to both parties - the Merchant and the student/buyer/customer - and no refund whatsoever is provided by the Merchant as a result of that.
3.24 Using the marketing materials on the online training system
All student/buyer/customer (certified and not certified) have the right to use the material from the online training system and from the social media channels of the Merchant for the purpose of promoting the service. Students (or any third party) is strictly forbidden to use the marketing material (pictures, videos, descriptions) from the public website of the Merchant to promote any sort of or similar training. In case the marketing material from the Merchant online system is detected to be used in such context (in ads, descriptive texts, promotional or cover pictures, email marketing or any other sort of promotion) the student/buyer/customer (or the third party) that is responsible for doing it, agrees to pay the merchant 20 times the fee for the training (or online training solution) and all other costs that is calculated by the Marchant as the direct or indirect damage.
3.25 Costs related to claims - responsibilities of the student/buyer/customer
In case the Merchant files a case against the student/buyer/customer or initiates any sort of civil claim against the student/buyer/customer that is unbiased, containing false or incorrect information, the Merchant is legible for all the direct cost caused to the student/buyer/customer. In case the student/buyer/customer files a case against the Merchant that is unbiased, containing false or incorrect information, the student/buyer/customer is legible for all the direct cost caused to the Merchant. In case the student/buyer/customer makes a claim that can be classified as an attempt of fraud with the intent to achieve unlawful enrichment at the expense of the Merchant, the student/buyer/customer is legible for 20 times the fee paid to the Merchant for an order of products or services that is related to that claim. The Merchant then has all the rights to seek for legal help when exercising the right to defend itself and use all legal means to guarantee receiving the funds from the student/buyer/customer. Those claims by the Merchant against the student/customer/buyer are based on the Law of Obligation of the legal framework the parties have entered this contract under (§2 and §1028) and if necessary are litigated locally as agreed upon by the other sections of this terms of service. By accepting terms of service and doing business with the Merchant the student/customer/buyer accepts all enforcement proceedings against his/her assets to cover the direct financial cost caused to the Merchant with any dispute/claim procedure.
3.26 Co-trainer and white label no warranty declaration
In case a student/buyer/customer proceeds to become a co-trainer or an entity providing service under ‘white label‘, he/she is considered a business entity and no customer protections laws apply. It is automatically considered a business to business relationship and the co-trainer/white label owner herself/himself is responsible for providing business information to Merchant when it is asked by the Merchant. Merchant gives no warranty whatsoever to all digital and tangible solutions provided to the Co-trainer/white label owner. If a co-trainer/white label owner orders any sort of tangible items from the Merchant inside or outside the European Union, the Co-trainer/white label owner becomes the importer of the tangible products, fully responsible for all the additional expenses, taxation, registration and all other additional costs. Also the Co-Trainer/white label owner is fully responsible for the agreements made with possible students. The Merchant does not guarantee that the Co-Trainer is able to find students, nor takes the Merchant any sort of responsibility when it comes to students of the Co-trainer generating claims against the Co-trainer. Merchant does not recall any tangible solutions/products/supplies that have been sent to the Co-trainer/white label owner and such returns are not accepted by the Merchant. The co-trainer / White label owner is fully responsible for her/his own marketing materials, local device classification and registration, client relations, etc and can not refer to Hyaluron Pen Academy nor Everyoung brand with a written permission from the Merchant.
3.27 Agreement to provide information
Merchant has the right to ask the student/buyer/customer for general feedback about the service and solutions provided to the student/buyer/customer. Giving feedback is 100% voluntary by the student/buyer/customer and the Merchant always has to provide correct information with the intent how feedback is used. In case the Merchant wishes to have more complete information about the student/buyer/customer practices and procedures, the Merchant can send the student/buyer/customer Corporate Regulatory Letter asking for additional information about the services, practices and products used and performed by the student/buyer/customer. The student/buyer/customer herby agrees to provide correct and truthful information to Merchant in a written form, after receiving such regulatory letter within 14 days after the letter is received from the Merchant. The student/buyer/customer also gives the Merchant the right to forward this information to local authorities to help to prove that the student/buyer/customer is acting according to all rules and regulations. In case the student/buyer/customer does not comply with this, the Merchant has all the rights to use the personal data given by the student/buyer/customer to inform local authorities about the point of service of the student/buyer/customer and any activities that may violate local rules and regulations. As well as student/buyer/customer becomes responsible for all the direct cost related to personal delivery of the Corporate Regulatory letters and / or direct cost of sending registered mail to the student/buyer/customer.
3.28 Bundle solutions, the price distribution that you accept when making an order
In case the online training is sold as a part of a bundled solution (i.e. Hyaluron Pen online + Starter Kit), it is considered a sale of two separate items. Online training is an intangible item that is delivered and fully served when the account is created for the buyer. The starter kit is a collection of the following items:
Cosmetic Hyaluron Pen Device (99€);
Filler capsules: 5 pieces (19€);
Syringe for transferring (9€);
Practicing filler (for model practicing);
10 x 0.5 ml (5 ml total) - (49€);
Everyoung Hyaluron Pen towel (29€);
Workbook (high-quality colour printout original workbook - approx 30 pages) - (89€);
Customer discount code for ordering Everyoung filler cocktails from the online learning platform / customer ID number (39€);
User manual (19€);
package box (2€).
Therefore the item 'Starter Kit' is also a bundle of items bought by the Buyer and sold by the Merchant. When making the purchase the buyer hereby agrees to the above-listed division of the price. UNDER NO CIRCUMSTANCES DOES THE MERCHANT / MERCHANT PRODUCT PARTNER COMPANY ACCEPT ANY RETURNS OF ITEMS OF THE STARTER KIT, with the exception of the returns by the Buyer within the buyer-friendly 14 days cool-off return window, if the customer is a private person ordering from inside the European Union. The same buyer-friendly 14 days cool-off window can be applied also to shipments to other regions, in case the Merchant agrees to that. All such cases are examined individually.
3.29 The responsibility of the student/buyer/customer for registration or re-classification of the device
All hyaluron pen devices sold are sold as cosmetic devices in bundle solutions by Merchant / Merchant Product Partner Company. This based on the interpretation of the EU directive 93/42/EEC: ‘medical device’ means any instrument, apparatus, appliance, software, material or other article, whether used alone or in combination, including the software intended by its manufacturer to be used specifically for diagnostic and/or therapeutic purposes and necessary for its proper application, intended by the manufacturer to be used for human beings for the purpose of:
— diagnosis, prevention, monitoring, treatment or alleviation of disease,
— diagnosis, monitoring, treatment, alleviation of or compensation for an injury or handicap,
— the investigation, replacement or modification of the anatomy or of a physiological process,
— control of conception, and which does not achieve its principal intended action in or on the human body by pharmacological, immunological or metabolic means, but which may be assisted in its function by such means;
The device is only sold from countries where the local medical device regulation states that the device is NOT intended by the manufacturer to be used for human beings for the purpose of any of the procedures and criteria listed above. This means that the manufacturer has classified the device as a cosmetic device and has gained a written acceptance from the local Health Board accepting the fact that with the marketing, packaging, and presentation of this device it can only be considered a cosmetic device and not a medical device.
In the case of the cosmetic device, Hyaluron Pen is bought from countries outside the legislation where it is solely considered a cosmetic device the buyer takes full responsibility for possible re-classifying the device according to local rules and regulations. In case bought outside the borders of the countries where the hyaluron pen is solely considered a cosmetic device by the local medical board, the buyer (regardless of a private person or a company) takes the role of an importer of the device, taking on full responsibility regarding registration of the device according to all local regulations. Herby Merchant explicitly declares taking no responsibility whatsoever regarding the registration process, providing additional documentation and/or participating in such registration proceedings. As stated in the terms of service, local rules, regulations, and requirements can differ to a great extent. I.e. in the neighboring countries inside the same union or trade zone, the hyaluron pen can be required to be classified as a cosmetic device, a class 1 medical device or a class 2 medical device.
The buyer hereby takes full responsibility regarding determining beforehand the need regarding classifying the device and completing all procedures regarding additional classification, if it becomes needed. The Merchant is not the importer, nor does the Merchant participate in such proceedings. In the case where the local health board or whatever sort of governing unit changes the requirements for classification or initiates a requirement for the device to be registered after the device has been bought by the Buyer, it is no basis for a recall as the Buyer has taken the role of the importer and is solely responsible for such registration process and costs related to that.
This part of the Agreement was last modified on May 8, 2019.
4. Using materials, Returns Policy, Arguments, Litigation
4.1 Restriction to copy material of online training environment
If the student/customer/buyer registers to use a learning environment of Merchant (and all of the subdomains, related sites, co-trainers, messaging platforms, other platforms, apps and sub-categories of those sites). then by using the environment (when creating an account) or makes an order, the student/customer/buyer accepts all TERMS of SERVICE here. The student/customer/buyer is allowed to explore / use / view this material for her / his own purpose ONLY. The material can not be copied, nor presented in public in any way. The sole purpose of the access to such learning / training environment is to help the student/customer/buyer to acquire knowledge about the service and achieve the level of theoretical and practical skills needed to be awarded a certificate. In case the student/customer/buyer shares the information in public she / he is responsible for all the direct and indirect damage done by that action.
4.2 Using the promotional materials of Merchant
All sort of promotional material digital or graphical can only be used by certified artists and with written consent from Merchant or its representative. If such should occur, the merchant is entitled to compensation for all the direct and indirect damage done to its brand. Also the exact same applies to all the participants of courses and online training. No participant may start providing services under the Merchants name or referring to a partnership of Merchant on clients without written consent from the Merchant. No services related to Merchant can be advertised before receiving the certificate and a consent to practice the treatment on clients by the trainer.
4.3 Solving arguments
All reclamations, questions, arguments and whatsoever between the student/customer/buyer and the provider of online solutions and online and live-classes of Merchant regarding all parts of this terms of service here will be solved under the legal framework pointed out by the representative of the Merchant inside EU as agreed upon by the terms of service here. In case of an argument, both parties have to solve the argument first over an exchange of emails. If that produces no results, an argument must be solved on a meeting or having representatives meet in Switzerland, Zurich or Finland, Helsinki. If that too will produce no results all arguments are then taken to the court of law under the legislation of the affiliate who established a direct relationship with the student/customer/buyer or if required by the Merchant, by default under the legislation the student/customer/buyer has entered the contract with the Merchant Product Partner Company by the terms of service here. During the solving of an argument, both parties have to keep the details of the argument sealed from the public. If one party fails to do that compensation in the amount of ten times an online course fee or live online training fee has to be paid to the opposite party. All sort of posts on the internet or social media are considered as public announcements and thus can be a breach of contract depending on their nature and content. Merchant and its representatives are not allowed to mention the personal details of the student (name, exact age, location) when discussing the argument in public, however, herby Merchant is allowed to mention the principal details of the argument. The Merchant and the student/customer/buyer herby agree that any litigation by the Merchant and arguments between parties will be solved under the legislation the student/customer/buyer enters the contract with the Merchant and/or the Merchant Product Partner Company according to the terms of service here.
This part of the Agreement was last modified on May 8, 2019.
5.1 Exceptions to terms of service (Annex A)
Merchant is not obligated to make any exceptions to the terms of service described in this document. The Merchant may make exceptions in the form of gifts, donations, complimentary products or services if the student/customer/buyer suffers a personal calamity in the form of one or many of the following happening:
Death of the student/customer/buyer. In case the student/customer/buyer dies (within the timeframe of 6 months after becoming a student/customer/buyer), the Merchant may donate to the family and closest relatives of the student/customer/buyer a sum that covers the sum the student/customer/buyer has invested into training.
Terminal illness. In case the student/customer/buyer becomes aware of her / his terminal illness within 6 months after becoming a student/customer/buyer, the Merchant may donate the student the sum that covers investment made into training by the student/customer/buyer. This criterion does not apply to situations where the person signing up was aware of the illness before becoming a student/customer/buyer.
Death of a close relative. In case the student/customer/buyer suffers the death of a close relative (one or both of the parents or one or many children) within 6 months after becoming a student/customer/buyer, the Merchant may donate the student/customer/buyer the sum that covers investment made into training by the student/customer/buyer. This criterion applies nevertheless the calamity of that sort was foreseeable.
Permanent incapacity to work. If the student/customer/buyer becomes permanently unable to work because of a physical injury or damage and is classified as having a partial or full disability or handicap within 6 months after becoming a student/customer/buyer, the Merchant may donate the student/customer/buyer the sum that covers investment made into training by the student/customer/buyer. This criterion does not apply to situations where the person signing up was aware of the illness or whatever other circumstances leading to disability before becoming a student/customer/buyer.
Such exceptions in the form of gifts, donations, complementary products or services may be awarded by the Merchant as a gesture of goodwill initiated by the Merchant if the Merchant becomes aware of the situation via a reliable source. In case the student/customer/buyer or the close relatives of the student/customer/buyermake a plea for an exception to be made, the Merchant will decide that within 5 business days after receiving such a plea. If the decision is based on a plea, the Merchant may request minimal evidence proving the circumstances.
5.2 Litigations, Investigations and law suits (Annex B)
In the case of defaming and malicious claims, the Merchant takes the full right to secure the possible financial damage by arranging collateral or mortgage to the immovable property of the student/customer/buyer. That is done via Interim relief. The financial liability in case of defaming, violation the terms of service and/or proposing malicious claims is not limited to 20 times the fees the student/customer/buyer has paid the Merchant. By default, the claim the student/customer/buyer agrees to by accepting the terms of service is 20 times the fees paid and direct financial costs of the Merchant regarding a concrete case and fees related to court proceedings and or police investigation.
All cases where the claim against the Marchant is made by the student/customer/buyer based on false information that the student/customer/buyer was aware of or must have been aware of, are automatically classified as embezzlement attempts or embezzlement, fraud attempts or fraud. In case the false or malicious claim causes direct financial damage to the Merchant (inability to use the funds of the Merchant to the full extent, additional legal expenses when the Merchant has to exercise it's right to defense or whatever other expenses, that can be proven), the act of filing a false claim will be automatically classified as embezzlement or fraud.
The legal framework inside European Union under which such proceedings take place (by default the legislation the customer/student/client enters the contract with the Merchant or Merchant Product Partner Company) classify similar punishments for such deeds. The following is a sample of a range of punishments described in the Penal Law and Law of Obligation for such actions:
Embezzlement is illegal converting into his or her use or the use of a third person of movable property which is in the possession of another person or other assets belonging to another person which have been entrusted to the person is punishable by a pecuniary punishment or up to one year's imprisonment. The same act, if committed: 1) by a person who has previously committed theft, robbery, embezzlement, acquisition, storage or marketing of property received through commission of an offense, intentional damaging or destruction of a thing, fraud or extortion; 2) on a large-scale basis; 3) by an official; or 4) by a group; is punishable by a pecuniary punishment or up to five years’ imprisonment. An act provided for in subsections of this section, if committed by a legal person, is punishable by a pecuniary punishment. For criminal offense provided for in clauses (2) 2) and 3) of this section, the court may impose extended confiscation of assets or property acquired by the criminal offense pursuant to the provisions of this Code.
Fraud is causing of proprietary damage to another person by knowingly causing a misconception of existing facts for the purpose of the significant proprietary benefit is punishable by a pecuniary punishment or up to three years’ imprisonment. The same act, if committed: 1) by a person who has previously committed theft, robbery, embezzlement, acquisition, storage or marketing of property received through commission of an offense, intentional damaging or destruction of a thing, fraud or extortion; 2) by an official; 3) on a large-scale basis; 4) by a group; or 5) by addressing the public; is punishable by one to five years’ imprisonment. An act provided for in subsection (1) or (2) of this section, if committed by a legal person, is punishable by a pecuniary punishment. (4) For criminal offense provided for in clauses (2) 2) and 3) of this section, the court may impose extended confiscation of assets or property acquired by the criminal offense pursuant to the provisions of this Code.
By accepting the terms here the student/customer/buyer understands that defaming, false/malicious claims, violations of copyright laws and other violations of this contract can lead to criminal investigation and civil litigation(s) simultaneously.
The Annexes of the Agreement were last modified in August, 2019.
6. Acceptance of Product Partner Company conditions
Terms of the contract between the Merchant Product Partner Company and the client/customer/student (the same as student/customer/buyer) - Conditions for all bundle offers and co-promotional offers the client/customer/student accepts as part of the terms of service here.
Subject matter of the Contract
The Merchant Product Partner Company acts as an intermediary for the Client for the conclusion of one of the transactions specified in clause 1.2 according to the terms set forth in the Contract.
The Client wishes to and has agreed to purchase:
Cosmetic Hyaloron pen
any other object that may be from time to time be specified and agreed upon between the Client and the Merchant Product Partner Company.
Hereinafter the objects in sub-articles of 1.2. are referred to as the “Item” or the “Items”.
The Client appoints the Merchant Product Partner Company to be its representative in purchasing one of the Items, which is specified and identified in a separate order (in writing or by e-mail, ordering from a website or any other electronic means of communication), hereinafter referred to as the “Order”, which shall be considered an appendix to this Contract.
The Merchant Product Partner Company shall on the Client’s cost and in the Client’s or on its own name purchase the Item from any sellers of the Item, as theMerchant Product Partner Company sees fit, and deliver or have the Item to be delivered to the Client. The Merchant Product Partner Company is also by entirely on its own discretion entitled to sell from its own stock the Item to the Client and deliver it to the Client.
The Client shall pay for the Item to the Merchant Product Partner Company in full in advance as set forth in the Order. This payment shall include the fee of the Merchant Product Partner Company for fulfilling the obligations of this Contract.
The Merchant Product Partner Company shall not provide any training or instructions for the use of the Item. The Client shall be solely responsible for the correct use of the Item.
Unless otherwise agreed in respective Order between the Merchant Product Partner Company and the Client, that the Merchant Product Partner Company shall exclusively and directly, sell and provide to the Client any and all spare parts and consumables necessary for the the Item.
The Merchant Product Partner Company shall intermediate any warranty claims regarding the Item and the Client shall submit those to the Merchant Product Partner Company.
Considering that the Item may require certifications or permits to be granted by the respective government authorities of certain countries, Parties hereby acknowledge and agree as follows:
the Client shall be solely responsible for applying and obtaining any required licenses, certifications or permits in regard of respective Item;
If any licenses, certifications and/or permits are required from the Merchant Product Partner Company, the Client takes full responsibility for obtaining respective licenses, certifications or permits and the Merchant Product Partner Company agrees herby to provide assistance to a degree it sees fit.
The Client shall provide The Merchant Product Partner Company with any information needed for the proper execution of the Contract.
Limitation of Liability. Indemnification.
Except as otherwise set forth in this Agreement, neither Party shall be responsible to the other for any indirect, special, consequential or punitive damages, including (without limitation) damages for loss of anticipated profits or revenue or other economic loss in connection with or arising from anything said, omitted, or done hereunder (collectively “Consequential Damages”), whether arising in contract or tort, provided that the foregoing shall not limit a Party’s obligation under Section 2.2. to indemnify, defend, and hold the other Party harmless against amounts payable to third parties.
Each Party agrees to indemnify and hold harmless the other Party from and against claims by third parties for damage to tangible personal or real property and/or personal injuries to the extent caused by the negligence or wilful misconduct or omission of the indemnifying Party.
The Client shall indemnify and hold harmless the Merchant Product Partner Company from all claims by the Client’s any customers related to the use of the Item. The Client shall be responsible for the quality and safety of the usage of the Item.
The Parties shall not, even after the expiration of this Agreement, whether directly or indirectly use or communicate to third Parties any trade secrets or confidential information of each other which they have come to know in any way or manner in connection herewith. Such secrets or information shall only be made available to such employees or agents of the Parties who need it for the reasonable execution of their assignments within the scope hereof, and on the condition that they are subject to a secrecy obligation corresponding to the obligation of the Party in question, either by law or by contract. Should any of the employees or agents of a Party be in breach of its secrecy obligation, such Party assumes full responsibility therefor towards the other Party. The confidentiality obligation set out above shall continue until the secrets and information covered by such obligation become generally known to the public. However, the secrecy obligation shall not cover information etc. which, on the basis of reliable proof: At the time of the disclosure is or was generally available to the public or hereafter becomes generally available to the public through no fault of the Party in question; Was not acquired directly or indirectly from the other Party and which the recipient can show was in its possession prior to the time of the disclosure, or was independently made available as a matter of lawful right to the Party in question by a third party.
Termination for Cause
Failure to Fulfil Obligations. This Agreement may be terminated forthwith by either Party if the other Party fails to fulfil any of its obligations under this Agreement and such default is not remedied within thirty (30) days of the date on which a written notice of default has been delivered to the defaulting Party. It is understood that unless specifically waived, the Party notifying such default or seeking termination on the basis thereof reserves the right to claim damages notwithstanding the fact that such claim is not yet formally presented in the notice of default or termination.
Termination for Bankruptcy or Insolvency, liquidation deletion. In the event that either Party is declared insolvent, is adjudged bankrupt, deleted, liquidated or files a petition for bankruptcy, or reorganization under any bankruptcy law, is expropriated or sequestrated or submits or has to submit to any other administrative or judicial measures of control, this Agreement may be terminated immediately by the other Party. Insolvency is defined to mean the inability to pay debts as they become due and the excess of liabilities over assets.
Compensation upon Termination. The Parties hereto waive the right to claim compensation by reason of the expiration or termination of the Agreement, except where such claims are based on a breach of this Agreement or on the negligence of the other Party, or on provisions of mandatory law possibly applicable and in such case only to the minimum mandatory extent.
Governing Law and Disputes.
This Agreement shall be construed in accordance with and governed by the laws of Estonia.
The Parties will take all possible measures to settle amicably any disputes or differences which may arise out of this contract or in connection with same. All disputes arising out of or in connection with this Agreement shall be exclusively submitted to Harju Maakohus in Tallinn, Estonia according to the Estonian procedural law.
All modifications and amendments to this Agreement shall be in writing agreed upon over email or presented here in this terms of service.
The parties acknowledge that they have complete and full recognition of the terms and conditions of this Contract, understand them and undertake to comply with them and the representatives of the parties have all necessary authorizations to conclude and sign this agreement.
The agreement is considered signed when the Client accepts the terms of service by making orders or conducting any business with the Merchant.
7. Special notifications
7.1 Special notification to students/customers/buyers in US
A copy of an article from the US Med Spa Association
By Patrick O’Brien, JD, legal coordinator for the American Med Spa Association
ORIGINAL STORY [7/1/2019]: The Hyaluron Pen is a new injection device that is gaining a lot of buzz overseas. It claims to deliver injections of fillers—typically hyaluronic acid—in a less invasive and painful way than typical needles and syringes. As these products make their way to the U.S., it must be noted that currently, no device is U.S. Food and Drug Administration (FDA)-approved for injecting hyaluronic acid and other fillers in this way. We have seen several ads and notices that offer to sell these devices and provide training for them. Before you make a purchase, you may want to know: Is it legal? And can you legally perform this procedure?
When a medical device gains FDA approval, it can legally be marketed for that specific approved use. We have discussed issues with using approved devices in unapproved ways—so-called “off-label use.” In this case, we were unable to locate an FDA marketing application for a hyaluronic acid injector. According to an FDA guidance document on needle-free injectors, this type of device would likely by regulated by FDA’s Center for Biologics Evaluation and Research or Center for Drug Evaluation and Research as a “combination product.” General-use needle-less or jet injectors are regulated as Class II medical devices. In general, without an FDA marketing or premarket approval, a product manufacturer cannot legally sell or advertise a device for unapproved use; this marketing prohibition extends to purchasers of the product as well.
Since this product is so new, there are no specific laws that directly address who may use it. Instead we must look at how similar procedures and technologies are treated. Unlike a traditional filler injection that uses a hypodermic needle and syringe, this device uses a high-pressure jet to inject the fillers through the skin without the use of a needle. This makes the device similar to other needle-less and jet injection systems that sometimes are used to deliver vaccines and other medications.
While the injection technology is novel, the treatment is fundamentally the same as traditional filler injections. Although there is no needle being used, the skin is still being “pierced” by the jet of hyaluronic acid. As such, we believe these pens will follow the same or similar rules as injecting filler using traditional syringes. Therefore, the use of these devices is a medical treatment, so a good-faith exam must be performed before the procedure, and if the physician is not administering the treatment him- or herself, it must be properly delegated. Unfortunately for practices that would like to use unlicensed practitioners to use pen injectors for fillers, this takes the procedure out of the scopes of practice for aestheticians and most LVNs.
To learn about legal and business best practices to keep your med spa compliant and profitable, attend one of AmSpa’s Medical Spa & Aesthetic Boot Camps and become the next med spa success story.
UPDATE [8/26/2019]: AmSpa has become aware that the Texas Medical Board (TMB) has issued at least one and possibly more compliance letters regarding Hyaluron Pens. We don’t have all of the details on this issue, but it appears to have stemmed from health inspectors noticing a Hyaluron Pen at an aesthetician’s station during a salon inspection.
In the article below, we noted that even though these pens do not use needles, their use is considered the practice of medicine, and these procedures need to be performed by appropriate persons under medical supervision. This TMB letter, at least for Texas, confirms that belief, and we see no reason other states would take a different view.
It is our understanding that Hyaluron Pens are being promoted through seminars and trainings; these trainings seem to be marketed primarily to aestheticians and cosmetologists. Remember, before you spend any money or time on any training, it is important to verify that you will be legally able to perform the procedure. (See here for more information.)
Knowing How Is Only Half the Battle
Posted By Administration, Tuesday, April 9, 2019
By Patrick O’Brien, JD, legal coordinator for the American Med Spa Association
Training and education are valuable tools that can help you grow and develop your practice. However, before you spend a fortune on training, make sure you legally are able to perform the procedures. Education, skill and competency—these or similar terms are found throughout rules and regulations that govern medical and nursing practices, and they communicate the uncontroversial idea that a person should have some skill to safely perform a medical procedure on another person. But training and education alone won’t empower you to perform procedures—only a professional license or certification can do that.
This is the case with all professional licensure, from barbers to lawyers to nurses and doctors: Completing courses will give you the important skills you will need in your future profession. But it is the state-granted license that legally authorizes you to offer those professional services to others. You can quit reading this blog right now (please don’t) and go attend a barbering program to learn how to give the smoothest shaves known to man, but you will be breaking the law if you start practicing before getting a barber’s license from your state’s barbering board.
Laser or injection training can be invaluable, but it is useless to a medical assistant (MA) or nurse in a state that prohibits a physician from delegating injections to nurses or unlicensed individuals. As is often the case, “who can do what” varies significantly from state to state. (AmSpa Members can click here to check their state legal summary.) For example, in Texas, an MA with proper training and supervision is able to perform Botox injections. However, in California, MAs may not perform injections, nor may license vocational nurses (LVN)—only registered nurses (RN) and higher may perform those procedures there. In Florida, the nursing board has consistently denied RNs from including Botox injections in their scope of practice. Similarly, the Rhode Island Board of Nurse Registration and Nursing Education holds the stance that RNs and LVNs are not able to inject Botox or other fillers. AmSpa advises that as a best practice, medical aesthetic practices should only utilize RNs and higher for cosmetic injections, even if your state permits others to perform the procedures. But whatever you choose to do, it isn’t a good idea to spend time and money training up an employee who legally can’t use the training.
Now, the professional license that grants this authority doesn’t necessarily need to be your own. Many states allow appropriately trained people to perform procedures under the delegation and supervision of a licensed professional. In these cases, showing documentation of the appropriate training and skill is critical for compliant delegation of the procedure.
Laser hair removal and tattoo removal technician “certifications” are other common areas where this crops up. Most states do not recognize such certifications and restrict the use of lasers only to individuals with medical or nursing licenses. Even in states with laser technician licenses, the person must complete a particular state-approved education course and then apply for licensure with the state; simply taking any training course won’t do. So before signing up for training, find out how your state treats laser technicians and if that course meets state requirements.
Investing in training, education and skill development is crucial to having a successful medical aesthetic practice. But because states have different rules on professional scopes of practice, supervision and delegation, it is important to make sure your money is wisely spent. You must be sure that your state’s licensing boards include the new procedure in your scope of practice.
This section (Special notification to students in US) was updated: August 27, 2019.
7.2 Special notification to students/customers/buyers in Canada
Public Service Announcement for those receiving Needle-Free Filler Treatments
September 10, 2019
BC Health Authorities and the BC Ministry of Health are issuing a public service announcement for persons considering undergoing needle-free filler treatments. These procedures use a pressurized pen to insert hyaluronic acid fillers into the skin without the use of needles or injections.
Examples of pressurized pens used in needle-free filler treatments.
At the time of this announcement, no needle-free pressurized pen has been approved for use by Health Canada. Therefore no one, even regulated health professionals, should be providing fillers with this type of device.
The administration of fillers by any means is a restricted activity and should only be performed by regulated health professionals such as a physician or surgeon. Anyone undergoing a filler treatment should ensure the fillers are administered by a health professional and that both the filler and the device used to administer the fillers have been approved by Health Canada.
If you are aware of a filler procedure being performed by someone other than a health professional, you can report this unlawful practice to the College of Physicians and Surgeons of BC. If you have questions or concerns about Personal Service Establishments you can contact your local health authority.
This section (Special notification to students in Canada) was updated: September 10, 2019.
In case the buyer/client/customer/student/visitor has questions regarding the terms of service here or needs parts of the terms of service explained to him/her exhaustively before or after doing any business with the Merchant, he/she is welcome to send questions and get explanations by writing an email to firstname.lastname@example.org.