- This website, app, platform and any service offered under the names “Stria Lab” (“us”, “we” and “our”).
Content means any content whatsoever which you upload to the Platform, including but not limited to any bios, experience, descriptions, reviews, usage data, feedback, comments, chats, media.
Platform means this website, app, platform and any service offered under the name “Stria Lab”.
Price means for each Product, the price listed on Platform and which are subject to change from time to time.
Product means any products or goods offered for sale on our Platform.
Sale Contract means a binding legal agreement under which we sell you the relevant Product/s for the Price/s.
Warranties mean any warranties, conditions, terms, representations, statements and promises of whatever nature, whether express or implied.
We, we, us, our means Stria Lab
You, you or your mean you and any user of this Platform or any person buying Products from us.
- Access to and use of this Platform, and the availability of any Products, is subject to you being at least 18 years old and having the legal capacity to entering into binding contracts. If this condition is are not satisfied, please cease using the Platform immediately.
- You may be required to be a registered member to access certain features of our website.
- You will create a username and password and/or provide your mobile number in lieu of. You are responsible for keeping these secure and are responsible for all use and activity carried out under this user name. You must not share your account credentials with any third party. We do not authorise anyone to use the service on your behalf, and we will not be liable for any loss or damage arising from any kind of unauthorised activity that takes place under your account.
- You must not impersonate some other individual, business or company. In case you try to present yourself as another individual or company, your account may be suspended and legal action may be taken against you.
- Where the Platform allows you to upload any Content, you:
- represent and warrant to us that you have all right, title, interest and authority in the Content;
- represent and warrant to us that you have the permission to use the name and likeness of each person whose image appears in any Content in the manner contemplated by these Terms;
- represent and warrant to us that the use or exploitation of Content will not infringe the rights of any third party (including, but are not limited to, intellectual property rights and privacy rights); and
- agree and undertake to us to pay all amounts which become owing to any person (whether by way of royalty or otherwise) as a result of or in connection with your submission of the Content to or via the Platform.
- It is your responsibility to back up any Content to your own systems. We do not guarantee that our Platform will always be available.
- You agree that we can store Content in our servers.
- To the maximum extent permitted by law, you release us and indemnify us from any claim or loss in relation to Content being stored in our servers.
- This clause 5 will survive termination of these Terms.
- Your conduct
- In using the Platform, you must:
- strictly comply with any policy displayed on our Platform;
- obey all laws whatsoever (including international law) which may apply in respect of your use of the Platform;
- Behave courteously and politely to our employees and representatives;
- not take any action that is likely to impose upon the Platform or our (or its third-party suppliers) a disproportionately large load;
- not interfere with the proper working of the Platform or any activities conducted via the Platform, including by using any automated or manual software or process to "crawl", "spider" or engage in similar conduct in relation to the Platform;
- except to the extent the Copyright Act allows you to do so, not reverse engineer or otherwise seek to obtain any source code forming part of the Platform;
- not add any Content:
- unless you hold all necessary rights, licences and consents to do so;
- that may result in you or us breaching any law, regulation, rule, code or other legal obligation;
- that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, profane, in breach of confidence, in breach of privacy or harassing;
- that would bring us or the Platform into disrepute;
- that infringes the rights of any person;
- that you know (or ought reasonably to suspect) is false, misleading, untruthful or inaccurate;
- that contains unsolicited or unauthorised advertising (including junk mail or spam); or
- that contains computer or software viruses, files or programs that are designed to interfere with the ordinary functions of the Platform, or obtain unauthorised access to any system, information, security device belonging to us or any third party.
- Sale Contracts
The Price must be paid without setoff or deduction. All Prices are subject to change at any time until a Sale Contract is confirmed by us. Payment must be effected through our current payment platform of choice.
Products displayed on our Platform or otherwise disclosed may not be available or be exactly as described. We will use our best endeavours to ensure that Product details, descriptions, images and prices are correct at the time the relevant information is entered into the system or disclosed to you. However, to the extent permitted by law, we do not warrant that the descriptions or other content available on the Platform or otherwise disclosed are accurate, complete, reliable, current, or error-free.
- Ordering Products
- Product Prices may change region to region and due to a variety of factors, including without limitation promotional events or new offerings.
- All Products are subject to availability.
- We reserve the right to refuse to sell or supply Products to any person, for any reason, at our sole discretion.
- Personal Use
Our Products and any samples which are provided to you are for your personal use only. You must not sell or resell any of the Products, or samples, that you purchase or otherwise receive from us. You must not supply them to anyone else, whether or not for reward.
- Cancellation of Order
- We may cancel or reduce your Products without notice if we believe, in our sole discretion, that:
- you are hostile or discourteous towards us;
- you initiate credit card chargebacks or dispute/claims without valid cause.
- We may also cancel a Product or part of Products for any of the following reasons:
- the Product or item(s) for the Product is no longer available;
- there was difficulty in processing payment information;
- delivery to the address was not possible;
- a duplicate order for a Product was placed;
- the Product was cancelled with your consent; or
- any other reasonable reason.
- If your Product is cancelled, you will be contacted to explain the reason for the cancellation and (if applicable) the appropriate amount will be refunded via your original payment method.
- Title to Goods: we retain the legal ownership of any Products until the latter of the dispatch of the Products to you or when full payment for the Products is received by us. The legal ownership of the Products will immediately revert to us if we refund any such payment to you, unless stated otherwise.
- Delivery Timeframe: any delivery times quoted to you are indicative only. Products may be delivered in one or more parts. To the extent permitted by law, we do not accept any liability whatsoever for delayed delivery caused by any third-party.
- Risk of Loss: Risk in the Products will pass to you upon delivery to you.
- Receipt of Products: Upon delivery of the Products, you must inspect the Products for any shortage or quality issues. You will be deemed to have accepted the Products and waived the right to make any claim unless you notify us in writing within 7 days from midnight of the first day of receiving the Products. If we have provided you with more Products than what you ordered, you must also notify us and return the surplus Products to us (please email email@example.com and we will organise for their return free of charge).
- Returns are only with our prior written consent, which may be withheld at our sole discretion and provided on a case by case basis.
- If you have received the wrong Products, any item is damaged or your order does not arrive please contact us immediately (and no longer than 7 days from receipt of the Products) and give a full detailed description of the problem / damage, as well as your name, contact number or email and order number. We will then determine how best to resolve your problem.
- Intellectual Property Rights
- You acknowledge and agree that the Platform and the content contained therein are protected by copyright, trademarks, service marks, patents, design registrations, and other proprietary rights and laws, and you agree to comply with and maintain all copyright notices and other restrictions on content accessed on or via the Platform.
- You must not do anything which breaches or otherwise interferes with our intellectual property rights or the intellectual property rights of any of its third-party licensors. You may not distribute, reproduce, publish, alter, modify or create derivative works from the Platform content without our prior written permission or the relevant third-party licensor or exploit such contents for commercial benefit.
- You acknowledge and agree that damages may not be an adequate remedy for a breach of this clause 8 and that equitable or injunctive relief may be necessary.
- Third party sites
- The Platform may contain links to websites that are owned and operated by third parties. We have no control over these external websites, which are governed by terms and conditions and privacy policies independent of us.
- You acknowledge and agree that when you access a third-party website available via a link contained on the Platform:
- we are not liable for the content, accuracy, lawfulness, appropriateness, or any other aspect of that third-party website; and
- you acknowledge and agree that to the full extent permitted by applicable law, we will not be liable for any loss or damage suffered by you or any other person as a result of or in connection with your access or use of any third-party website available via a link on the Platform.
- Disclaimer and limitation of liability
to the fullest extent permitted by applicable law, in no event shall Stria Lab club parties or any third-party offering products or services through the service, including the medical groups, the providers, the labs and the pharmacies, be liable to you or any other person or entity for any incidental, indirect, special, exemplary and consequential damages, personal or bodily injury, emotional distress, or wrongful death, loss of data, lost profits, or damages resulting from the use of or inability to use the service, including any information and content made available through the service or any services performed by us or our provider(s), whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not Stria Lab has been advised of the possibility of such damages. Stria Lab parties shall be liable only to the extent of actual damages incurred by you, not to exceed u.s. $1,000.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. To the extent that we may not disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under applicable law.
- Results and effectiveness of the products may vary from person to person. Results may be a result of a variety of factors, all of which are outside of our control. Accordingly, we do not accept any liability for poor performance oft he products and for any non-economic loss of enjoyment, disappointment, distress or frustration, whether physical of mental.
- Statements about our products have not been been evaluated by the FDA (Food and Drug Administration); our products are not intended to diagnose, treat, cure or prevent any disease. We do not provide medical advice and our products are strictly cosmetic only.
- Advice which may or may not be given by our skincare team is not with regards to curing or fixing any disease and information which is provided is only information which is widely available to the general public.
- This platform may include forward-looking statements or statements of opinion. These statements are based upon reasonable belief, as well as assumptions which are inferred from the information available to us at the time. Many factors which we are unable to predict with accuracy could cause our products actual results, performance or achievements to be materially different from those that may be expressed or implied, such as forward-look statements / predictions.
- We exclude all liability for consequential, special, indirect, non-economic or remote loss, including loss of opportunity or business;
- Our liability is excluded to the extent that you contributed to the liability
- We exclude all liability for anything you have been aware of for longer than 3 months before bringing about a claim; And
- Our liability is subject to your duty to mitigate your loss.
- Any information or advice provided on the Platform, including any information advice in relation to the Products, health or anything else, is of general nature only. You acknowledge that:
- your use of any Products and any accessories or any advice is solely at your own risk;
- you must rely entirely on your own enquiries and judgment in relation to Products and any accessories, anything offered by us, any advice and any other information or material contained on the Platform;
- you must not use any Products or other accessories in a manner inconsistent with any displayed instructions;
- you should not rely solely on any information on the Platform and you must always consider obtaining independent advice, including without limitation advice from a medical professional. If a medical professional provides you with any advice in relation to the Products, you must follow that advice;
- we are not liable for any reckless or negligent act or omission by you;
- if at any time you have reason to believe that a certain act or omission is likely to result in damage or harm to any persons or property, you must not do that act or omission.
- We exclude all liability for any damage to the Products caused by your failure to properly follow our advice or reasonable caution in relation to storage, maintenance and cleaning of the Products. You must take reasonable steps to store, maintain and clean all Products and accessories in accordance with standard practice and any instructions provided.
- in the case of goods:
- the replacement of the goods or the supply of equivalent goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods; and
- in the case of services:
- the supply of the services again; or
- the payment of the cost of having the services supplied again.
- We provide the Platform on an “as is” and on an “as available” basis without any Warranties as to continuous, uninterrupted or secure access to the Platform, that its servers are free of computer viruses, bugs or other harmful components, that defects will be corrected, or that you will not have disruption or other difficulties in using the Platform.
- Release and Indemnity
- In this clause:
Claim means a claim, action, proceeding or demand made against a person concerned, however it arises and whether it is present or future, fixed or unascertained, actual or contingent.
Loss means a damage, loss, cost, expense or liability incurred by the person concerned however arising, including without limitation penalties, fines, and interest and including those which are prospective or contingent and those the amount of which for the time being is not ascertained or ascertainable.
Released Parties means us and our officers, directors, shareholders, agents, employees, consultants, associates affiliates, subsidiaries, sponsors, and other third-party partners. We hold the Released Parties’ rights on trust for their benefit.
Relevant Matter means anything in connection with:
- any damage to person, property, personal injury or death;
- your use, misuse, or abuse of the Platform; and
- your breach or failure to observe any applicable law.
- To the maximum extent permitted by law, you agree to release the Released Parties from all Loss or Claims arising out of or in any way connected with any Relevant Matter. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.
- To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless the Released Parties from any Loss or Claims arising out of or in any way connected with any Relevant Matter.
You acknowledge and agree that:
- we may terminate your access to the Platform at any time without giving any explanation.
- Binding Arbitration / Class Waiver
- You expressly agree that any legal claim, dispute or other controversy between you and Stria Lab or you and any of our employees, parties or providers arising out of or otherwise relating in any way to us, the platform, the content or the service, or any other Stria Lab goods, services or advertising, including controversies relating to the applicability, enforceability or validity of any provision of this agreement (collectively “disputes”), shall be resolved in confidential binding arbitration conducted before one commercial arbitrator from the american arbitration association (“aaa”), rather than in a court, as described herein. The arbitration will be governed by the aaa's commercial arbitration rules and, if the arbitrator deems them applicable, the supplementary procedures for consumer related disputes (collectively “rules and procedures”). You acknowledge that you are voluntarily and knowingly forfeiting your right to a trial by jury.
- Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual.
- Payment of arbitration costs will be governed by the AAA’s fee schedule, unless you are able to show that your portion will be prohibitive as compared to litigation costs, in which case Stria Lab will pay as much of your arbitration costs as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to litigation costs. Stria Lab also reserves the right in its sole and exclusive discretion to assume responsibility for all arbitration costs imposed by the AAA. Each party agrees to pay its own attorneys’ fees and expenses unless there is a governing statutory provision that requires the prevailing party to be paid attorneys’ fees and expenses.
- The arbitration shall be conducted in San Francisco, California, except that, in the event San Francisco, California is not within 100 miles of your residence, the arbitration may be conducted within 100 miles of your residence, unless the parties agree otherwise in writing. The arbitrator’s award shall be final and binding on all parties and may be entered as a judgment in any court of competent jurisdiction.
- For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at https://www.adr.org.
- Notwithstanding anything to the contrary herein, to the extent the Dispute arises from: (a) a violation of either party’s intellectual property rights in any manner; (b) any claim related to, or arising from, allegations of theft, piracy, unauthorized use or a violation of the Computer Fraud and Abuse Act; and/or (c) any claim for equitable relief; then you and Stria Lab agree that a party may seek injunctive remedies (or an equivalent type of urgent legal relief) in a state or federal court in San Francisco, California, and both parties agree to submit to the personal jurisdiction of such courts in connection with such proceedings. In addition to the foregoing, either party may assert an individual action in small claims court for Disputes that are within the scope of such court’s jurisdiction in lieu of arbitration as long as such action remains in such court and advances only on an individual (non-class, non-representative) basis.
- All disputes subject to arbitration under this agreement must be arbitrated on an individual basis and not on a class, collective or representative basis. No party may bring any claim subject to arbitration pursuant to this agreement as a private attorney general, in a representative capacity, or as a plaintiff or class member in any purported class proceeding. The claims of more than one customer or user cannot be joined or consolidated with those of any other customer or user. No arbitration shall be consolidated or joined with any other arbitration. The arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). If a decision is issued stating that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim or request for relief, then such claim or request for relief (and only that claim or request for relief) shall be severed from the arbitration and may be brought exclusively in the state or federal courts located in San Francisco, California, subject to the parties’ respective rights to appeal the decision. All other claims or requests for relief shall be arbitrated. The parties agree that any claims or requests for relief that are severed from an arbitration may not proceed in litigation and shall be stayed until all claims between the parties remaining in arbitration are finally resolved. The parties agree to submit to the personal jurisdiction of the federal and state courts located in San Francisco, California for purposes of resolving any claims or requests for relief severed from arbitration pursuant to this paragraph.
- You can opt out of the provisions of this Agreement that require the arbitration of Disputes within 30 days of the date that you first agree to any version of this Agreement that requires arbitration of disputes with Stria Lab. To opt out, you must send your name and residence address with a clear statement that you want to opt out of the requirement to arbitrate disputes with Stria Lab to: firstname.lastname@example.org.
- Before you commence arbitration of a Dispute, you must provide us with a written Notice of Dispute that includes your name, residence address, username (if applicable) and email address associated with your User account (if applicable), a detailed description of the Dispute, and the relief you seek. Before we commence arbitration of a Dispute against you, we will provide a written Notice of Dispute to you with a detailed description of the Dispute and the relief we seek. Any Notice of Dispute you send to us should be emailed to Stria Lab at email@example.com with the subject header: ‘ATTN: Dispute Notice’. If we are unable to resolve a Dispute within 30 days after the applicable Notice of Dispute is received, either party may commence arbitration. Notwithstanding anything to the contrary in this Agreement, if we make any future material modification to any provisions of this Agreement that govern the arbitration or resolution of Disputes, such changes will not apply to any Dispute between you and us for which either party had previously provided a written Notice of Dispute to the other in accordance with this paragraph. Further, if we make any future material changes to the provisions of this Agreement that govern the arbitration or resolution of Disputes, you may reject such changes by sending a written notice of your rejection decision to us at firstname.lastname@example.org
- A provision of this agreement which can and is intended to operate after its conclusion will remain in full force and effect – including all indemnities and releases.