Pear Beauty App Terms & Conditions

Review of Terms

The Agreement is subject to change from time to time without notice. Past terms and conditions and Customer Policies can be accessed on request by written notice to Pear Beauty using the contact details below. Each interaction with the Service will be governed by the Agreement in force on the date of that interaction.

Your continued use of the Service following posting of any changes or modifications constitutes your acceptance of such changes or modifications. If you do not agree with these changes or modifications, you must immediately cease using the Service. For this reason, you should frequently review these terms and conditions and any other applicable Customer Policies, including their dates, to understand the Agreement that applies to your use of the Service.

Occasionally there may be information in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, ingredient analyses, recommendations, or other content. Pear Beauty reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.

About the Service

Pear Beauty is a beauty product recommendation and analysis service. The Service allows you to build a skin profile, scan and view beauty products, rate or “like” products, and receive personalised recommendations and information generated by us based on your activity and inputs. Pear Beauty does not sell beauty products or fulfil orders through the Service. Where the Service references third-party products, brands or retailers, this does not constitute or imply endorsement, sponsorship or recommendation of those parties by Pear Beauty (or vice versa), and Pear Beauty does not act as agent for any third-party seller.

Eligibility and Capacity to Create an Account

An account with Pear Beauty can only be created by persons with capacity to contract who are at least 16 years of age. If you are under 18, you confirm that you have the permission or consent of your parent or guardian to use the Service and agree to this Agreement. The Service is not directed to, and we do not knowingly collect personal information from, individuals under 16. If we become aware that a person under 16 has created an account, we will take steps to delete the account and associated information.

Account & Security

Where you create an account you will be required to set a password (or to authenticate through a third-party service if we make that available). You are responsible for maintaining the confidentiality of your password and account information and are fully responsible for all conduct carried out under your account. Pear Beauty is not liable for any loss of confidentiality or for any damages arising from your failure to comply with these security measures. Please promptly notify us of any unauthorised use of your account.

Acceptable Use

You agree to use the Service only for its intended purpose and in accordance with this Agreement and any instructions or guidelines we provide. You must not:

• use the Service for any commercial purpose, including resale, scraping, data mining or systematic extraction of content, except with our prior written consent;
• upload, submit or transmit content that is unlawful, harmful, defamatory, infringing, deceptive or otherwise breaches this Agreement;
• attempt to gain unauthorised access to the Service, other users’ accounts, or any related systems or networks;
• interfere with, disrupt, disable, overburden or impair the Service or any servers or networks connected to it; or
• use the Service in a way that breaches any applicable law or regulation.

Intellectual Property

All content in the Service, including without limitation text, icons, graphics, ingredient analyses, product matching algorithms and recommendation outputs, is the property of Pear Beauty or its licensors and is protected by Australian and international intellectual property laws. No part or portion of the Service may be copied, sold or used in any manner for any commercial purpose without our prior written consent. Nothing in this Agreement constitutes a transfer of any intellectual property rights.

The names, trademarks and product imagery of third-party brands referenced in the Service remain the property of their respective owners.

Advice and Information

The information, ingredient analyses and recommendations contained within or provided through the Service are general in nature and are not intended to constitute or replace professional medical, dermatological or pharmaceutical advice for individual or specific conditions.

Statements made about products or ingredients in the Service have not been evaluated by the Australian Therapeutic Goods Administration or any other regulator, and any results reported or implied may not necessarily occur for all individuals. The Service and its content are not intended to diagnose, treat, cure or prevent any condition or disease.

Use of the Service is not a substitute for professional medical advice. Please consult with your physician, dermatologist or another qualified health practitioner before using or relying on any product or information sourced through the Service, especially if you have a known skin condition, allergy, sensitivity, or are pregnant or nursing. Your health practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any condition.

You should always check the ingredients of any product to avoid potential allergic reactions, and follow the manufacturer’s directions, precautions and guidelines for that product. Where any product is used by a minor, it should only be used after a parent or legal guardian has discussed the product with the minor’s doctor.

While we make every effort to ensure that the information contained within the Service is correct, to the extent permitted by applicable law, we do not warrant that the product or ingredient descriptions, ingredient lists, colours, scans, matches, recommendations or other content available on or via the Service is accurate, complete, reliable, current, available or error-free. We take no responsibility for any loss or damage arising from use of, or reliance on, information or recommendations provided through the Service.

While Pear Beauty tries to accurately display the colours and appearance of products, the actual colours and appearance you see will depend on your device, ambient lighting and other factors beyond our reasonable control, and may not accurately reflect the actual product.

Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Pear Beauty.

Reviews, Ratings, Likes and Other User Content

The Service allows you to submit ratings, “likes”, reviews, photos, scans, feedback and other content (“User Content”). If you submit User Content, you grant Pear Beauty a worldwide, royalty-free, perpetual, irrevocable, sub-licensable and transferable licence to use, reproduce (in any medium), modify, adapt, publish and create derivative works of that User Content for the purposes of operating, providing, promoting and improving the Service (including for training and refining our product matching, recommendation and ingredient analysis algorithms). This licence will survive the termination of this Agreement and your use of the Service. You also permit Pear Beauty to publish your first name or chosen display name in association with any User Content you have made publicly visible.

By submitting User Content, you represent and warrant that:

1. you understand that some User Content (such as public reviews or comments) may be visible to other users of the Service;
2. you are the sole author and owner of the intellectual property and other rights in the User Content (or you have the necessary licences, rights, consents and permissions to grant the licence above);
3. you waive any and all existing and future moral rights (as defined in the Copyright Act 1968 (Cth)) in the User Content;
4. all User Content that you submit is accurate to the best of your knowledge;
5. you are at least 16 years old (or, if you are under 18, that you have the consent of your parent or legal guardian); and
6. the User Content you supply does not violate this Agreement and will not cause injury to any person or entity.

You also represent and warrant that any User Content you submit:

1. is not false, inaccurate or misleading;
2. does not harm minors;
3. does not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity;
4. does not violate any obligations you may have under any law or under contractual or fiduciary relationships (including inside information, proprietary or confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
5. does not violate any law (including those governing consumer protection, unfair competition, anti-discrimination or false advertising);
6. is not, or would not reasonably be considered to be, unlawful, harmful, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, racially or religiously biased, abusive, tortious, threatening or harassing to any individual or business;
7. does not include other users’ personal information, addresses, email addresses, phone numbers or other contact details;
8. is not submitted for compensation or other consideration from any third party (unless clearly disclosed in the User Content);
9. is not unsolicited or unauthorised advertising, promotional materials or any other form of solicitation; and
10. does not contain any computer viruses, worms or other potentially damaging computer programs or files.

You must not submit User Content that impersonates any person or entity, including any Pear Beauty personnel, or that falsely states or otherwise misrepresents your affiliation with a person or entity. You must not use the Service to collect or store personal data about other users.

Pear Beauty reserves the right not to publish, or to withdraw, any User Content for any reason. User Content posted by a user will be excluded if it violates the Agreement.

User ratings, “likes”, reviews and other User Content do not represent the views or opinions of Pear Beauty or its officers, shareholders, employees or contractors, and Pear Beauty disclaims all liability with respect to User Content.

Social Media

Pear Beauty enjoys interacting with users on social media. Our general policy is not to delete your comments on our social media pages, even where they are critical of us, but we may remove a post if:

• it may offend other users;
• it attacks another contributor or any Pear Beauty personnel;
• it floods our feed, making it difficult for others to participate;
• it discloses information that may endanger your privacy or someone else’s; or
• it is off topic.

While we support open discussion, we reserve the right to block any users who do not comply with these rules or who are otherwise behaving inappropriately.

Limitation of Liability

To the full extent permitted by law, Pear Beauty makes no representations or warranties, express or implied, regarding any matter including merchantability, fitness for a particular purpose or use, or the accuracy of recommendations, in relation to the Service.

Where legislation implies into this Agreement any condition or warranty that cannot be excluded, restricted or modified, Pear Beauty’s liability for any breach of such conditions or warranties will (to the full extent permitted by law) be limited to, at our option, one of the following:

1. the supply of the Service again;
2. payment of the cost of having the Service supplied again; or
3. a refund of any fees paid by you to Pear Beauty in respect of the Service in the 12 months preceding the relevant claim.

This Agreement will not be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying the application of the Competition and Consumer Act 2010 (Cth) or any other statute of any State or Territory of the Commonwealth of Australia which by law cannot be excluded, restricted or modified.

You agree that, to the fullest extent permitted by law, Pear Beauty will not be responsible or liable (whether in contract, tort (including negligence) or otherwise), under any circumstances, for any:

1. interruption of business;
2. access delays or access interruptions to the Service;
3. data non-delivery, misdelivery, corruption, destruction or other modification;
4. computer viruses, system failures or malfunctions which may occur in connection with your use of the Service, including during hyperlink to or from third-party websites;
5. any inaccuracies or omissions in content or User Content;
6. any reliance you place on recommendations or ingredient analyses generated by the Service; or
7. events beyond our reasonable control.

Further, to the fullest extent permitted by law, we will not be liable for any indirect or consequential loss of any kind, or loss of profits, revenue, data or goodwill, arising out of or related to the Service or your use (or non-use) of it, regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages. In no event shall our maximum aggregate liability to you exceed one hundred dollars (AUD $100.00).

Indemnification

You agree to defend, indemnify and hold harmless Pear Beauty (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers) from all claims, demands, losses, liabilities, costs, expenses, obligations and damages (including reasonable legal fees) arising out of:

1. your use of and access to the Service;
2. your violation of any term of this Agreement;
3. a breach of your representations and warranties set out above regarding User Content;
4. your violation of any law or the rights of a third party (including any copyright, property or privacy right); or
5. any claim that any User Content you submitted caused damage to a third party.

This indemnification obligation will survive the termination of this Agreement and your use of the Service.

Breach and Termination

If, in our reasonable opinion, you breach any provision of this Agreement, Pear Beauty may immediately issue a warning, temporarily suspend or permanently prevent your access to all or parts of the Service. In any event, we may terminate this Agreement (and your rights to use the Service) at any time and for any reason without prior notice to you.

You may terminate your account at any time. To request deletion of your account and your personal data, please contact us using the details below.

Competitions

Pear Beauty may from time to time run competitions through the Service or through social media. Your participation in those competitions will be subject to this Agreement and any terms and conditions specific to the competition. The laws of New South Wales will govern all competitions run by Pear Beauty.

Links to Other Sites

The Service may include links to third-party websites, retailers or services. Pear Beauty makes no representations as to the accuracy of the material on those sites and is not responsible for their content or conduct. Links to third-party sites do not mean that Pear Beauty endorses them or takes any responsibility for the accuracy of the content on those sites.

Affiliate Links and Commissions

Pear Beauty participates in affiliate marketing programs. The Service and our website may include links to third-party retailers and brands. Where you click one of these links and/or make a purchase after doing so, Pear Beauty may earn a commission or other fee from the relevant retailer or affiliate network, at no additional cost to you.

Affiliate relationships do not influence the ingredient analyses, product matching or recommendations the Service generates, which are based on your profile and inputs. The presence of an affiliate link does not constitute an endorsement, sponsorship or guarantee of the linked product, brand or retailer. We use cookies and similar technologies to attribute clicks and purchases for these programs, as described in our Privacy Policy. For more information, see our Collection and Disclosure notice.

Interference with the Service

You must not attempt to change, add to, remove, deface, hack, reverse engineer, decompile or otherwise interfere with the Service or any material or content displayed in the Service, except to the extent expressly permitted by applicable law.

Applicable Law and Jurisdiction

Pear Beauty (pearbeautyapp.com) is created and controlled in New South Wales, Australia. This Agreement is governed by and construed in accordance with the laws of the State of New South Wales and the Commonwealth of Australia. By using the Service you submit to the exclusive jurisdiction of the courts of New South Wales and Australia and agree that any legal action will only be commenced in those forums.

General

If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term, and Pear Beauty’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

Contact Us

You can contact us by email at support@pearbeautyapp.com.