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Terms for participation in the AxisBiotix-Ps BRIGHT Consumer study
YOUR AGREEMENT TO PARTICIPATE IN THE CONSUMER STUDY ON THESE TERMS
Please contact us with any questions. These are the terms and conditions of the contract that governs your participation in the AxisBiotix-Ps BRIGHT consumer study relating to a gut-skin health supplement (‘Consumer Study’). More detailed information on the consumer study is contained on the Study Information page. If you don't understand anything in these terms or any other documentation or information that we provide, please contact us using the contact details on the website.
About the Product. The gut-skin health supplement is a blended mix of natural bacteria in powder form, which is aimed at supporting skin health (the ‘ Product'). The purpose of this Consumer Study is for us to obtain your feedback on how you feel and any changes you notice after taking the Product over a 56-day period in accordance with our instructions. The experience of the Product may vary from person to person and we do not guarantee that the Product will provide any particular benefit in any person or that the Product is suitable for a particular purpose.
About the Consumer Study. The Consumer Study will commence on the date that we instruct you to start using the Product and will continue for 56 days, after which the Consumer Study will be complete. For your participation in and successful completion of the Consumer Study you will be entitled to receive the Rewards (as described in paragraph 4).
When we will provide the Product. We will deliver the Product to you free of charge in two separate deliveries of approximately 30 sachets each. The first delivery will be made in advance of the Consumer Study starting. The second delivery will be made on or before day 25 of the Consumer Study provided that you have logged your results in the mobile app as described in paragraph 2 below up to that time.
Your obligation to provide feedback via the mobile app. If you are selected to participate in the Consumer Study, you will be sent a link to download our mobile app and create a personal profile.
Your obligation to follow our instructions. You agree to use the Product as described in the written instructions we will provide to you and to provide accurate and honest feedback on the Product via the mobile app daily during the 56 days Consumer Study period. If you forget to follow the instructions or have difficulty following the instructions then you must inform the Consumer Study team using contact details that will be provided to you.
Providing photographs. We will ask you to take photos and upload these to the mobile app during the Consumer Study as part of the feedback you provide, which will be optional. Any photographs provided should avoid including images of intimate areas of the body.
Your use of the Product. We do not expect the Product to cause any undesired reactions, but in the unlikely event this happens, you agree to stop using the Product immediately and to inform the Consumer Study team.
Important confidentiality undertakings. Information about the Product, this contract and the Consumer Study (including information that we provide to you and your feedback on the Product, whether provided on the mobile app or otherwise) is confidential information. You must not disclose this confidential information to any other party (unless you are required to by law) during the Consumer Study and for a period of one year after the completion of the Consumer Study, even if you stop participating in the Consumer Study before it concludes. Examples of activities which you must not do include:
posting pictures or descriptions of the Product, or details of your participation in the Consumer Study on social media, blogs or other public online pages;
copying (or allowing someone else to copy) product ideas;
selling or giving away the Product to another person;
discussing the Consumer Study or any material (picture, advertising, concept or product) with anyone unless the Consumer Study requires you to do so.
Consequences of breaking your confidentiality undertakings. Breach of this confidentiality undertaking by you may cause serious and irreparable damage to us. If you breach the confidentiality undertakings of this contract we may end this contract with you and remove your entitlement to any Rewards.
Your entitlement to Rewards. For participating in the Consumer Study and performing your obligations under this contract, you will receive:
56 days' supply of Product for use during the Consumer Study;
a £10 gift voucher when you confirm that you have taken the Product for the first time, and a £20 gift voucher at the end of the Consumer Study as long as you have logged all your requested feedback in the mobile app when asked to do so during the course of the Consumer Study (the ‘Vouchers’); and
a discount code which can be used against future purchases of the Product if we decide to sell the Product in the UK (the 'Discount Code').
The Rewards are your only compensation. The Product, Vouchers and Discount Code (together the ‘Rewards’), are your sole compensation for participating in the Consumer Study and we will not provide you with any other payment or compensation for your participation in the Consumer Study.
Use of the Discount Code. If we start to sell the Product (or a version of it) in the UK, we will send the Discount Code to the email address you provided to us during the registration process. The Discount Code will remain valid for five years, or for as long as we sell the Product in the UK if that is less than 5 years. We are not obliged to start selling the Product in the UK, or to continue to sell the Product in the UK for any particular period. Any sales of the Product will be on terms determined by us at our discretion. The Discount Code must only be used by you and cannot be used to buy the Product for consumption by another person.
Rewards are not conditional upon you providing good feedback. You should give honest feedback on the Product. The Rewards are not intended to influence your views on the Product and are subject only to your completion of the Consumer Study in compliance with these terms and conditions.
RIGHTS TO END THE CONTRACT
You can always end this contract with us. Participation in the Consumer Study is strictly voluntary: you may discontinue your participation at any time for any reason or no reason whatsoever. If you do decide to discontinue your participation, it would be helpful if you would discuss your decision with us, but you are not obliged to do so.
We may end the contract if you break it. We may end this contract at any time by written notice to you if (in our opinion) you do not provide feedback via the mobile app as required by this contract or if you fail to comply with any of the other terms of this contract.
Your right to Rewards if we or you end this contract. If we or you end this contract, you will lose all entitlement to the Rewards.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
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; for fraud or fraudulent misrepresentation; or for breach of your legal rights under the contract.
Our liability to you. You agree that your participation in the Consumer Study and your use of the Product and any Rewards is at your own risk. We make no warranty about the Product or Rewards, or that your participation will meet your expectations. We will have no liability to you for damages suffered by you or others where we are not at fault or in breach of this contract or as a result of the performance of the Product. For the avoidance of doubt, we will not be liable for loss of any Product that you are expecting to receive, allergic reactions to the Product, other reactions or irritations caused by the Product, or loss of income due to any reaction to Product used by you.
Our total liability to you for loss or damage. Our total liability to you or any third party in any circumstances is limited to the greater of: (i) the value of the Rewards you are entitled to receive under this contract; and (ii) one hundred pounds Sterling (£100).
HOW WE MAY USE YOUR INFORMATION
How we use your feedback. You retain the ownership rights in all content (including feedback and photos) you provide to us via the mobile app or otherwise. You grant us a perpetual, irrevocable, worldwide licence to use, store and copy that content and to use, distribute and make it available to third parties as we see fit without any recourse or payment to you. We will only publish content on an anonymised basis.
OTHER IMPORTANT TERMS
You may not transfer this contract. This contract and your participation in the Consumer Study is personal to you and you may not transfer this to another person.
Which laws apply to this contract and where you may bring legal proceedings. The contract is governed by English law and you can bring legal proceedings in respect of it in the English courts. If you live in Scotland you can bring legal proceedings in respect of the contract in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the contract in either the Northern Irish or the English courts.