Please read the Terms carefully before accessing our website or otherwise using ishonest. The Terms represent a binding contract between you and us, and by creating an account, accessing our website or otherwise using ishonest, you are acknowledging that you have read, understand and expressly agree to be bound by them. These Terms affect your rights and designate the governing law and forum for the resolution of any disputes. If you do not agree to be bound by the Terms, you may not use ishonest.
Ishonest is a provider of skincare products. Ishonest products are not intended to diagnose, treat, cure or prevent any medical condition(s) and are not in any way intended as medical advice or as a substitute for medical treatment. Without limiting the foregoing, those who are taking medication or are under treatment for a disease, or who are pregnant or lactating, are encouraged to consult with your health care professional before using any of the products.
To purchase on our website, you must be at least 18 years old or the age of majority in your jurisdiction. If you do not meet the age requirement then you may not purchase products on our website.
When you purchase our products the credit card that you provide will be charged the amount listed plus any applicable sales tax. Prices for our products are subject to change without notice, unless in connection with a Subscription, and we reserve the right to discontinue or modify our products at any time without prior notice.
ishonest offers subscription services for certain products (“Subscription”) that you may sign up for. By doing so you acknowledge and agree that your Subscription requires a recurring payment and that you will be responsible for all charges incurred prior to the cancellation of your Subscription. Unless you opt-out of the Subscription, you will be charged in advance in accordance with the delivery schedule that you selected with your Subscription. If you do not wish to continue to be charged this recurring fee, you must cancel your Subscription before the end of the applicable recurring order period. Except as otherwise set forth herein, ishonest will not refund any fees that have already been charged.
We reserve the right to limit, prohibit or cancel orders of products to any account, in our sole discretion. If we limit or cancel an order we will try, but are not obligated, to contact you per your Account Information.
You agree that we may send communications to your email address for customer service, confirmations, newsletters, product offers and other matters. You may choose to opt-out of much of this email correspondence through your Account Settings page or by using the links at the bottom of our emails. Please note that even if you opt-out, we will still send you Account related emails, such as purchase confirmation and password reset emails.
Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to the Site and/or provide us, including without limitation, photographs, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as non-confidential and non-proprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you.
In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other Content that you post on this Site and that use of your reviews, comments, or other Content by us will not infringe upon or violate the rights of any third party. You shall not use a false email address, pretend to be someone other than yourself or otherwise mislead us or third-parties as to the origin of any Submissions or Content. We may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.
ishonest is protected by EU, the US and international intellectual property laws and you agree to abide by them. All information and content available on our website or by and through our other website offerings, including, but not limited to, trademarks, logos, service marks, features, functions, icons, images, audio clips, data compilations and software, along with the compilation and organization thereof (“Content”) is the property of ishonest and without our prior written consent, you may not download, copy or store our Content in any form outside of ishonest. Other than as expressly allowed herein, you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, or perform any of our Content or any portion of our website offerings. You agree that all data and algorithms used in connection with providing ishonest to you are “trade secrets” as defined under applicable law. You agree to comply with reasonable written requests from us to help us in protecting our proprietary and intellectual property rights in ishonest. All intellectual property rights in ishonest are, as between you and us, the sole and exclusive property of ishonest.
Some of the features on our website may allow you to post, transmit, submit, distribute, reproduce or otherwise share content and materials for publication on ishonest (“Your Content”). You own all intellectual property rights to Your Content in perpetuity, and you represent and warrant that you have all rights in and to any of Your Content that you share on our website. You agree not to engage in or assist or encourage others to engage, in posting, transmitting, submitting, distributing, reproducing or otherwise sharing any of Your Content that violates these Terms. You agree that we can use, reproduce, modify, adapt and publish Your Content for purposes of enabling us to offer ishonest or the features you have elected to use. We may, but are not obligated to, examine or evaluate Your Content and to refuse to post or remove the same. You acknowledge that we have no responsibility or liability for any of Your Content and you hereby waive any claims against us for any infringement of intellectual property, privacy and/or rights of attribution. You are responsible for Your Content, and acknowledge that once published, we cannot always remove it.
We appreciate it when you provide us with feedback through customer service or by email or social features, but we may use any feedback, comments, or suggestions without any obligations to you. For purposes of clarity, you hereby assign all intellectual property rights to us in any feedback, comments or suggestions that you provide to us.
We provide you access to ishonest pursuant to a limited, non-exclusive, non-sublicensable, non-transferable, revocable license. You can use ishonest for personal, non-commercial use only, and subject to the Terms. This license is available to you as long as you are not barred from ishonest by applicable law and your account is not terminated by us or by you. If the Terms are not enforceable where you are located, you may not use ishonest. We reserve all right, title, and interest not expressly granted under this license to the fullest extent possible under applicable laws.
Our website contains links to various ishonest social media pages. The social media pages are made available through third-party entities (“Social Media Sites”) and your use of the Social Media Sites is governed by those Social Media Sites’ applicable agreements, terms, conditions and privacy policies.
All of these social media pages are made available strictly for your convenience. Please be advised that ishonest is not in any way affiliated with these social media platforms, and the ishonest products and offerings are not endorsed, administered or sponsored by any of the social media entities. You understand and agree that ishonest will not be liable to you in any manner for any claim in connection with your use or inability to use any of the Social Media Sites.
Ishonest is used by many people, and we are proud of the trust our users place in us. We expect in turn that our users do not misuse our products and services. Except with our written permission, you may not:
- Attempt to impersonate another person or use another person’s ishonest account information without authorization;
- Violate or attempt to violate ishonest’s security features, including logging into a server that you are not authorized to access, or probing the vulnerability of the ishonest systems and networks;
- Redistribute, decompile, reverse engineer, publish, or copy any portion of the ishonest website;
- Use ishonest to create a product with a substantially similar look, feel or design;
- Access or search ishonest by any means other than our publicly supported interfaces (for example, “scraping”);
- Interfere with others’ use and enjoyment of ishonest;
- Use ishonest or any trademarks, trade names, service marks, copyrights or logos of ours in unsolicited mailings, spam material, contests or surveys, or to create the impression that such items are associated with you;
- Violate any third party’s rights, including intellectual property or privacy rights;
- Threaten, stalk, harm, or harass others; or engage in activity in connection that is fraudulent, abusive, defamatory, illegal or otherwise inappropriate.
- Engaging in prohibited uses is grounds for immediate termination of your ishonest Account and may also subject you to civil or criminal penalties.
YOU AGREE THAT USE OF ISHONEST IS AT YOUR OWN SOLE RISK AND THAT ISHONEST IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ISHONEST AND ITS AFFILIATES, OFFICERS AND/OR EMPLOYEES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING ISHONEST, THE PRODUCTS, AND ALL RELATED SERVICES AND OFFERINGS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
WE STRIVE TO MAINTAIN ISHONEST ON A COMMERCIALLY REASONABLE BASIS BUT CANNOT GUARANTEE THAT YOU WILL HAVE ACCESS TO THE ISHONEST WEBSITE OR OFFERINGS AT ALL TIMES.
IN NO EVENT SHALL ISHONEST OR ITS AFFILIATES, OFFICERS AND/OR EMPLOYEES BE LIABLE FOR (I) IN THE AGGREGATE, ANY AMOUNT IN EXCESS OF THE FEES PAID BY YOU TO PURCHASE THE ISHONEST PRODUCTS, IF ANY; OR (II) ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER.
YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. YOU UNDERSTAND THAT ISHONEST WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
You will indemnify and hold us, our affiliates, officers and/or employees harmless, including by paying costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your access to ishonest, Your Content, or the violation of the Terms by you.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
If a dispute arises, our goal is to provide you with a neutral and efficient method to resolve it quickly. Most disputes can be resolved informally. Before filing a claim against us, you agree to try to resolve the dispute by contacting us in writing at ishonest, ATTN: DISPUTE NOTICE, QED Technologies Limited, Hansfield Station Road, Dublin D15CHV0, Ireland, or by email to firstname.lastname@example.org. Before we file a claim against you, we agree to contact you at the email address associated with your Account. If the dispute is not resolved within 30 days of notice, either you or we may bring a formal proceeding pursuant to the following procedures:
- YOU AGREE THAT YOU AND ISHONEST WILL RESOLVE THROUGH BINDING ARBITRATION ANY DISPUTE, CLAIM OR CONTROVERSY BETWEEN US ARISING OUT OF OR RELATING IN ANY WAY TO ISHONEST, INCLUDING THESE TERMS (collectively, “ARBITRAL CLAIMS”), with a few exceptions set forth below. The arbitrator, and not any court, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement to Arbitrate, including any claim that all or any part of this Agreement to Arbitrate is void or voidable, or whether a claim is subject to arbitration. ARBITRATION IS DIFFERENT FROM COURT. THE RULES, INCLUDING DISCOVERY, ARE DIFFERENT AND NO JUDGE OR JURY IS PRESENT AT AN ARBITRATION. IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COST OF LITIGATION, AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED. THE AWARD IS FINAL AND BINDING AND SUBJECT ONLY TO LIMITED REVIEW BY A COURT. YOU UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, YOU MAY HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
- LOCATION OF ARBITRATION. If your claim is for $7,500 or less, you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules, and any in-person hearing will be held in Dublin, Ireland, or any other location you and we mutually agree to.
- EXCEPTIONS TO ARBITRAL CLAIMS. Either you or we may bring claims to enforce intellectual property rights without first engaging in arbitration or the informal dispute resolution described in this Section.
- CLASS ACTION WAIVER. YOU AND ISHONEST AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE WITH US THAT NEITHER YOU NOR WE WILL JOIN ANY ARBITRAL CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY IN A LAWSUIT, ARBITRATION OR OTHER PROCEEDING; THAT NO ARBITRAL CLAIM WILL BE RESOLVED ON A CLASS-WIDE BASIS; THAT NEITHER YOU NOR WE WILL ASSERT AN ARBITRAL CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE, AND; BOTH PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. If any court or arbitrator determines that the class action waiver outlined in this paragraph is void or unenforceable or that arbitration can proceed on a class basis, then this Agreement to Arbitrate shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
- NO RIGHT TO JURY TRIAL. YOU AND WE ALSO HEREBY WAIVE THE RIGHT TO A JURY TRIAL EVEN IF THIS AGREEMENT TO ARBITRATE IS HELD NOT TO APPLY. YOU EXPRESSLY WAIVE YOUR RIGHT TO A JURY TRIAL IN THE EVENT THAT EITHER PARTY SELECTS ARBITRATION TO RESOLVE THE DISPUTE UNDER THIS AGREEMENT.
- 30 DAY OPT OUT RIGHT. You have the right to opt-out and not be bound by the arbitration and the class action waiver provisions outlined in this section by sending written notice of your decision to opt-out to the following address: QED Technologies Limited, ATTN: Ishonest Arbitration Opt-out, Hansfield Station Road, Dublin D15CHV0, Ireland, or by email to email@example.com. For new users, the notice must be sent within 30 days of registering with ishonest, and for existing users, the notice must be sent within 30 days of the effective date of this policy. If you do not opt-out, you shall be bound to the terms in this section. If you choose to opt-out, ishonest also will not be bound.