Panellist Terms and Conditions
What these terms cover. These are the terms and conditions on which you register as a panellist on www.firstbeauty.com (our site), for:
a) the opportunity to be considered for selection to participate in a cosmetic product trial (a trial); and
b) if you are selected and complete a trial, to receive points under our reward points scheme (the reward scheme).
Details of the trial and the reward scheme are set out in these terms.
Why you should read them. Please read these terms carefully before you register on our site. These terms tell you who we are, how a trial works, how the reward scheme is operated, how you and we may change or end the contract, what to do if there is a problem, and other important information.
Other terms that will apply to you when you register. By registering on our site, you agree to be bound by:
Information about us and how to contact us
Who we are. We are Dark Matter Brands Limited, a company registered in England and Wales. Our company registration number is 09671865, and our registered office is at Unit 17 Yalberton Tor Industrial Estate, Alders Way, Devon TQ4 7QN. Our registered VAT number is 231 2606 50.
How to contact us. You can contact us by writing to us at Unit 17 Yalberton Tor Industrial Estate, Alders Way, Devon TQ4 7QN or emailing us at firstname.lastname@example.org.
How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us when you registered.
"Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
Our contract with you
How we will accept your registration. Our acceptance of your registration will take place when we email you to accept it, at which point a contract will come into existence between you and us, on and subject to these terms.
Your eligibility to register. By registering on our site, you confirm that you are:
a) at least 18 years old;
b) a resident of the United Kingdom or Eire (the Republic of Ireland); c) not knowingly affected by any skin or other allergies that may result in a fatality or serious ill health or any adverse reaction, complication, illness or other negative health impact (regardless of severity); and d) not employed by DMB, its associates, clients or any cosmetics company or market research business.
If you do not satisfy all of these criteria, you are not eligible to be registered on our site and we reserve the right to reject your registration, or to terminate it with immediate effect if you cease to be eligible after your registration has been confirmed, in each case without notice and at our sole discretion. We also reserve the right to revoke any rewards already accrued to you.
Keeping your information up to date. You agree to keep your registration details up to date at all times. You can update, correct, and / or delete your registration information at any time by sending an email to email@example.com. It is particularly important that you keep us updated in relation to any changes in your health.
Participation in a trial
Becoming a panellist. Registration as a panellist is only open to individuals who satisfy the eligibility requirements set out in clause 3.2 above. When you register, we will ask you to provide specific information about yourself (which may include details about your personal appearance and characteristics, such as your particular skin type, and information concerning your physical health, such as details of any skin allergies you may have), which will enable us to determine whether you are suitable for participation in any particular trial. The information you provide must be true, accurate and complete in all respects, and must be kept up to date at all times. We reserve the right to restrict or prohibit your participation in a trial and / or the rewards scheme, and / or to terminate your registration and revoke any rewards already accrued to you, if you provide information that is not true, accurate, complete and up to date, or if we have reasonable grounds to suspect that this is the case.
We cannot guarantee that you will participate in a trial. We undertake trials on behalf of third parties (clients) who want cosmetic products to be trialled by consumers. The requirements for participation in any individual trial will vary depending on what our client has requested, and are determined by that client. By agreeing to become a panellist, you acknowledge and agree that:
a) you may or may not be invited to participate in one or more trials. We cannot guarantee that every panellist will be selected to take part in a trial at some point during the period of their registration on our site;
b) our decision on whether or not you are invited to participate in one or more trials will be final, and we will not enter into any correspondence in relation to this decision.
Your status as a panellist. Your registration as a panellist is personal to you, and may only be used by the individual who registers on our site. It is not transferable to any third party. You are responsible for keeping any user information and password we provide you with strictly confidential, and you remain at all times solely responsible for any use or misuse, whether authorised by you or not, of your account with us.
Conditions for participating in a trial. If you participate in a trial or otherwise make use of our site, you must comply with these terms, as well as any other terms and conditions that may apply to your participation, including any terms or specific instructions regarding the trial or the use of any products supplied to you for the purposes of the trial, which are applied by our client, and any terms relating to the form, content or timing of any feedback you are required to provide in relation to a trial. We will advise you of any such terms or instructions at the relevant time.
Products supplied to you for a trial. You understand that you are not testing any trial products that are supplied to you for safety purposes, and that all products have already passed appropriate safety, toxicological and dermatological assessments. If we supply products to you for a trial, you acknowledge that we do not screen those products in any way to check whether they are suitable for your personal use, and you agree to check the ingredients of any such product before you use it to ensure that it is appropriate for use by you, including in relation to any allergies, skin conditions or health problems you may have (regardless of whether or not you have told us about them). We do not accept any liability in the event that you do not check a product’s ingredients in relation to your own personal health requirements before you use it. You agree to stop using a product immediately if it causes an allergic or otherwise undesired reaction, and to notify us if this is the case. You will not give or sell trial products to, or share them with, any third party.
All trials are confidential. Unless we tell you otherwise in writing, all materials, including without limitation, all cosmetic and related products, concepts, text, designs, graphics, drawings, photographs, video clips, music and sounds, and all trademarks, service marks and trade names used in or in connection with a trial and / or on our site, and the selection and arrangements thereof (restricted materials), are strictly confidential and are subject to third party intellectual property rights (including but not limited to copyrights, trademarks and patents or the right to apply for their registration anywhere in the world). These intellectual property rights are held by or licensed by us, our client(s), or other third parties who are the respective owner(s) of, or control, the restricted materials. You acknowledge and agree that when you participate in a trial or make use of our site, you are not granted any rights in relation to the restricted materials, and all intellectual property rights are expressly reserved. We do not grant you any licence to use, reveal, download, copy, distribute, or reproduce (including but not limited to posting to any website, social media or blog) the restricted materials or the subject matter of the restricted materials, and legal action may be taken against you in the event of any unauthorised use of the restricted materials by you or on your behalf. We will fully cooperate with any third party requests for disclosures (including but not limited to the disclosure of your identity) related to claims that you have used the restricted materials in breach of these terms.
Content provided by you
You are responsible for content provided by you. You are solely responsible for all content, materials, information, images, photographs, feedback, ratings and comments (in whatever medium or format) you provide, upload or post when submitting your registration, using your account, or participating in a trial (panellist content).
Third party materials in panellist content. You are also solely responsible for obtaining, where relevant, any third party approvals or consents for your and our use of any panellist content which contains material which is supplied or owned by a third party.
Your licence to us. By using, uploading, posting, submitting or allowing us to collect panellist content in connection with your use of our site and / or participation in a trial, you hereby grant to us a perpetual, irrevocable, unlimited, transferrable, sub-licensable, world-wide, royalty free, right and licence to edit, copy, transmit, publish, display, create derivative works of, reproduce, modify, distribute, and otherwise use such panellist content at our own discretion, including but not limited to supplying the panellist content to our client or another third party.
Our right to remove, edit etc. panellist content. We do not and cannot review all panellist content and we accept no liability whatsoever for such content. We reserve the right at our sole discretion to delete, remove, or edit the panellist content if in our opinion such content is in breach of these terms or our acceptable use policy, or breaches any intellectual property rights (whether our own or those of a third party).
Your indemnity to us. You agree to fully and effectively indemnify us from and against any and all claims, damages, expenses, liabilities and losses of any kind, including legal fees, arising, whether directly or indirectly, from any breach by you of the provisions of this clause 5.
The reward scheme
How you can earn reward points. Once you have registered, if you are selected by us to take part in a trial, and you successfully respond to and complete that trial, you will earn reward points, which can be redeemed for various rewards in our reward scheme. You do not have to make any purchase in order to receive reward points, however the points you are awarded in relation to completion of a trial can only be redeemed against your online purchase of certain cosmetic products which are available on websites specified by us, to enable you to benefit from a price reduction in relation to those products.
Your reward points cannot be transferred to anyone else. Any reward points you earn through participation in a trial are personal to you, and you cannot transfer them to anyone else. Your points will be valid and redeemable for a period of twelve months after:
a) the date on which they were awarded to you; or
b) the date on which you or we end the contract between us,
whichever is the earlier. Any reward points not redeemed by you during that period will be automatically cancelled. Reward points have no monetary value, and cannot be used for any purpose other than redeeming the designated reward.
How reward points are allocated. At the beginning of a trial in which you have been selected to take part, we will tell you how many reward points you may earn if you successfully complete the trial. If you breach these terms, or any other terms applicable to the trial in question, you may lose all the reward points you have earned. We do not accept any liability to you in relation to the reward points you have earned, or in relation to cancellation of those reward points by us pursuant to these terms.
We reserve the right to make changes to the reward scheme from time to time. We may make changes from time to time to the number of reward points we allocate, the criteria by which they are awarded, and how they may be redeemed, except that changes will not affect trials in relation to which reward points have already been awarded to you.
Disclaimer - your attention is particularly drawn to this clause
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, or for fraud or fraudulent misrepresentation.
Participation in a trial and use of our site is at your own risk. You expressly agree that your participation in a trial and use of our site is at your sole risk. Subject to clause 8.2 above, and to the fullest extent permitted by law, we do not make any warranties, (whether express, implied or statutory), in relation to any cosmetic products used by you when participating in a trial (including without limitation those of satisfactory quality or fitness for a particular purpose), or as to the accuracy, reliability, or content of any information or services provided through a trial or our site, or that your participation in a trial or use of our site will be uninterrupted or error free, other than as expressly set out in these terms.
We are not responsible for the contents of any products. The responsibility for the safety of products which are supplied to you for the purposes of a trial, is that of the manufacturer or supplier and we do not accept any liability whatsoever in relation to the products. Full contact details of any manufacturer or supplied will be supplied to you on request. We are not responsible for the condition in which products arrive and will not provide any compensation for loss of samples.
Other liability we exclude. Except as set out in clause 8.2 above, to the maximum extent permitted by law we exclude all liability to you whether in contract, tort or otherwise, including but not limited to losses, damages, costs and expenses incurred by you in relation to loss of any cosmetic products you were expecting to receive in relation to a trial, any allergic or other reaction or irritation you may suffer in relation to use of a product supplied for the purposes of a trial, or any loss of income you may suffer due to any reaction to a trial product tested by you.
Your and our rights to end the contract
You can always end your contract with us. You can cancel your registration and opt-out of being selected for any future trials at any time by sending an email to us at firstname.lastname@example.org. When we receive your email we will use all reasonable efforts to close your account within a reasonable period of time after receipt. Please note that it may take a few days to complete the closure of your account and during this time, you may receive messages from us which were created or compiled prior to our receipt of your email notifying us of your wish to close your account.
How we can end your contract with us. We may end the contract between us at any time by writing to you:
a) If you are in breach of these terms or in the event that you use our site or participate in a trial in an unlawful manner or otherwise act in a manner that is, at our sole discretion, unacceptable to us or our client;
b) If your account has been dormant for a period of six months or more, by which we mean that you have not participated in any trial which you were invited to take part in within the preceding six month period;
What happens if you or we end the contract. If you or we end the contract between us, then with effect from the date of termination, your right to use our site and to participate in a trial will immediately cease, and you will not be allowed to participate in any future trials or earn any further points under the reward scheme. You will have a period of twelve months from the date of termination within which to redeem any reward points you have accrued prior to termination, unless we have ended the contract under clause 9.2(a) or 9.2(b) above, in which case you will automatically forfeit all unredeemed reward points.
Other important terms
We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this.
You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.