USER AND SOFTWARE LICENSE AGREEMENT

This User and Software License Agreement (“User Agreement”) is a legal agreement between you and TeleSkin ApS, registration number 35671323, Skolegade 7, 6700 Esbjerg, Denmark (“TeleSkin”). This User Agreement applies to the use of the TeleSkin services (the “Services”) and the software originating from TeleSkin, and all contents and contents programs and software updates offered by TeleSkin (the “Software”). Please read this User Agreement carefully. By using or downloading or installing all or any portion of the Software originating from TeleSkin, you accept all the terms and conditions of this User Agreement and our Privacy Policy.

By using the Service you agree to TeleSkin handling your submission, information and image, to respond to your query. If you do not agree to the terms of this User Agreement, you are not entitled to use the Software or Service.

1. SCOPE OF SERVICE – CUSTOMER OBLIGATIONS

The Services that TeleSkin provides are not a substitute for, and do not in any way replace a traditional face-to-face examination by a doctor, dermatologist, plastic surgeon or any other skin cancer specialist. SkinScan by TeleSkin is a skin self-assessment support service based on visual images and text. The Services comply with Australian, New Zealand and European legislation. TeleSkin cannot be held responsible for and disclaims any liability for any use of the Services outside these jurisdictions.

All feedback provided through Services general information only and  based on the information at hand and should not be regarded as a definitive diagnosis, but merely as guidance. The feedback provided does not replace a visit to the doctor or other health professional, and any reliance on the feedback provided is at your own discretion and risk. You should also not disregard professional advice, or delay seeking it, because of any information contained in Services, including any results provided.

Where applicable, following a skin assessment by a nurse or the submission of a case, a doctor, dermatologist, plastic surgeon, qualified nurse, or any other skin cancer specialist will assess the image(s) and any accompanying information and update the case(s). TeleSkin shall not be liable for any feedback, omissions, or content in communication provided at such time.

TeleSkin services are intended to help identify a potentially problematic mole that requires further professional assessment. When in doubt about your health see a doctor in person or if an urgent situation arises, call your local emergency number.

As user you must secure all rights and informed consents for the use by TeleSkin of all images and other visual representations that you send to TeleSkin. TeleSkin shall not take active steps to check these rights. Accordingly, you shall be liable in this respect. You are obliged to provide proof to TeleSkin of these rights on the first demand.

You must not assign, sublicence or otherwise deal in any other way with any of your rights under this User Agreement.

2. PRICES

Certain TeleSkin services are provided to you free-of-charge. Other TeleSkin services require payment before you can access them. The prices of the Services are the prices displayed on www.teleskin.com (the “Website”) or through the Software at the time of your use of the Services. TeleSkin reserves the right to change any price without notice. It is therefore important to check the prices before use of the Services. VAT or GST (if applicable) are included in all announced prices. If any erroneous transactions are made, a case-by-case inquiry will be made and if the payment is shown to be erroneous, a refund will be made in an appropriate manner.

3. AUTORENEWAL

Any subscriptions purchased are for a pre-paid 1, 3 or 12-month subscription term. Your payment will be charged to your iTunes Account at confirmation of purchase. Your subscription will automatically renew at the end of the subscription period, unless you cancel your subscription by turning off auto-renew at least 24-hours before the end of the current subscription period. If you do not turn off auto-renew your iTunes account will be charged for renewal within 24-hours prior to the end of the current subscription period. Subscriptions may be managed and auto-renewal may be turned off by going to your Account Settings after purchase. If you cancel your payment and/or terminate any of the Agreements we will not refund any subscription fees already paid to us.

4. GRANT OF LICENSE

This User Agreement grants a license (“License”) that permits you to use the Software. This License is non-exclusive and non-transferable. This License does not grant any rights to obtaining future upgrades, updates or supplements of the Software. If upgrades, updates or supplements of the Software are obtained, however, the use of such upgrades or updates is governed by this User Agreement and any amendments to it unless other terms accompany the upgrades, updates or supplements in which case those terms apply.

This license restricts the number of skinScan registered users that can subscribe to Premium Services to one skinScan registered user per Apple ID.

5. COPYRIGHT

TeleSkin owns all copyright and other intellectual, industrial and/or proprietary rights to the Software, and all content provided through the Service. TeleSkin permits you to use the Software only in accordance with the terms of this User Agreement. TeleSkin reserves all rights not specifically granted in this User Agreement. Subject to our Privacy Policy, you grant TeleSkin a non-exclusive license to use the image(s) provided by you in the use of the Service for all commercial and scientific uses. Personal information comprising images of moles and other medical data will not be shared with any third party unless the data is anonymised.

6. OTHER RESTRICTIONS

Renting, lending, public presentation, performance or broadcasting or any other kind of distribution of the Software is prohibited. Other than as permitted by applicable legislation, you will not, and you will not allow any person to, modify the Software or any part thereof, to analyze it by means of reverse engineering, to decompile or disassemble the Software or to make products derived from it.

7. ACCOUNT

To gain access to certain features of these Services you must register an account with us by entering a valid email address and accurate, current, and complete information about yourself as prompted by the online registration process. In addition, you must select a password. You confirm that the data you provided to us on registering was at the time you provided it current, complete and accurate, and you agree to maintain and update the data as required to keep it so. You may be required to subscribe as a paying customer to gain access to certain features of these Services.

8. CONFIDENTIALITY OF INFORMATION RECEIVED BY TELESKIN

Teleskin takes reasonable steps to protect your personal information. However, by using the Website or Services, you acknowledge and agree that the internet is an inherently insecure method of communication that carries of the risk of third party interception and access of your data. You bear the risks and responsibility for any loss or damage caused, directly or indirectly, by these risks.

For information as to how we collect, store, use and disclose your personal information, please refer to TeleSkin Privacy Policy which may be accessed here

9. DISCLAIMER OF WARRANTIES

While the Services are subject to quality assurances processes, the Services are also subject to continuing research, clinical experience, reasonable differences in opinions among authorities, unique aspects of individual situations and the possibility of human error in providing the Services. No representation or warranty (express or implied) is made as to the currency, completeness, accuracy, reliability, suitability, and / or availability of the Services. In addition, no representation or warranty (express or implied) is made that the Services will meet your health or medical requirements.
Whilst we provide general health information, the circumstance of each individual will differ. You should exercise your own judgment with respect to your use of our Services and you should carefully evaluate the currency, completeness, accuracy, reliability, suitability and relevance of the available information.

10. LIMITATION OF LIABILITY

Skin diseases can be difficult to diagnose and treat, and you understand that TeleSkin does not provide diagnoses or treatments.. The Service do not replace a traditional face-to-face examination by a doctor, dermatologist, plastic surgeon or any other skin cancer specialist.
The Services provided by TeleSkin have been carefully generated in accordance with applicable professional standards. However, to the maximum extent permitted by law, TeleSkin gives no guarantee for the accuracy, completeness, correctness, topicality, quality or absence of errors of the contents provided or their suitability for specific purposes. To the maximum extent permitted by law, TeleSkin gives no guarantee of the accuracy of individual items of information. It is your responsibility to check accuracy or to consult a relevant health professional.

To the fullest extent permitted by law, TeleSkin excludes all liability in relation to the Service whether in contract, tort (including negligence) or otherwise, for any loss or damage however caused (including direct, indirect, consequential or special loss or damage, or loss of profits, loss of data, loss of savings and loss of opportunity).

Indirect damages also include any consequence following any decision that you make on the basis of the feedback obtained through the Service.

To the full extent permitted by law, we exclude all liability in respect of loss of data or any consequential or incidental damages.

To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in this User Agreement.

This User Agreement is to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:

A-in the case of goods:
  • the replacement of the goods or the supply of equivalent goods;
  • the repair of the goods;
  • the payment of the cost of replacing the goods or of acquiring equivalent goods; or
  • the payment of having the goods repaired, and
B-in the case of services:
  • the supply of the services again; or
  • the payment of the cost of having the services supplied again.

11. AMENDMENTS TO THE OFFERED SERVICE

TeleSkin reserves the right to modify, discontinue, temporarily or permanently, the Services, including but not limited to prices, specifications and product offerings, at any time, with or without prior notice. Current information is found on the Website and through the Software.

12. FORCE MAJEURE

If and to the extent that TeleSkin performance in fulfilling the obligations pursuant to this User Agreement is, hindered or delayed due to circumstances beyond the reasonable control of TeleSkin, such as, internet downtime, missing or late delivery from sub-suppliers, lightning, labor disputes, scarcity of work force, fire, acts of war, requisition, seizure, currency restriction, riots and civil disorders, shortage of means of transportation, shortage of goods, amendments to regulations issued by governmental authorities, intervention of authorities (each, a “Force Majeure Event”), then TeleSkin shall be excused from any performance or liability of those obligations affected by the Force Majeure Event for as long as such Force Majeure Event continues. If TeleSkin performance is prevented, hindered or delayed by a Force Majeure Event TeleSkin shall notify you within a reasonable time, of the occurrence of the Force Majeure Event via the Website. TeleSkin shall, however, always mitigate the effects of the Force Majeure Events.

13. TERMINATION

Without prejudice to any other rights, TeleSkin may immediately terminate this User Agreement if you fail to comply with any of its terms and conditions.
You have the right to terminate this contract at any time without giving any reason. To exercise the right of withdrawal, you must inform us (TeleSkin ApS, Skolegade 7, 2nd Floor, 6700 Esbjerg, Denmark, e-mail: support@teleskin.com), of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, or e-mail).

Termination will result in an indefinite ban from the Service without the possibility of compensation for your costs spent. The provisions of this User Agreement, which by their nature are intended to survive termination, will remain in effect after termination of this User Agreement.

14. ENTIRE AGREEMENT

This User Agreement (including any addendum or amendment to it which may be supplied with the Software) is the entire agreement between you and TeleSkin relating to the Software and the Services and it supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this User Agreement. If any provision of this User Agreement is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.

15. WAIVER

If at any time we do not enforce any of the terms under this User Agreement or grant you time or other indulgence, we will not be construed as having waived that term or condition or our rights to later enforce that or any other term or condition. Further, no waiver by us, in exercising any right, power or provision in this User Agreement shall operate as a waiver of any other right or of that same right at a future time. Nor shall any delay in exercise of any power or right be interpreted as a waiver.

16. TRANSLATIONS

The English version of this User Agreement is the authoritative version. Any translations are provided for convenience only.

17. GOVERNING LAW

This User Agreement and any disputes related to this User Agreement or to the use of the Service or Software shall be governed by and construed in accordance with the laws of Denmark excluding any provisions of law that would lead to the application of any law other than Danish law (insofar as this choice of law and forum is not set aside by (super)mandatory laws of other countries involved). All disputes shall be settled by by negotiation between the parties or failing negotiation, by the Municipal Court in Esbjerg, Denmark (“Retten i Esbjerg”).
If a provision of this User Agreement is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

18. THIRD PARTY LINKS

The Website and Services may contain links to other websites and content provided by third parties. These links are provided for your convenience only. We do not specifically endorse any organisation, association or entity referred to in, or linked to, the Website or Services. Views or recommendations provided in linked websites do not necessarily reflect those of Teleskin and Teleskin has no responsibility for the content of the linked website(s). It is your responsibility to make your own decisions about the currency, completeness, accuracy, reliability and suitability of information contained in linked websites.

19. SECURITY, VIRUSES, ERRORS AND AVAILABILITY

The internet is an insecure public network which means there are risks that information sent to or from the Website or Services may be intercepted, corrupted or modified by third parties. In addition, files obtained from or through the Website or Services may contain computer viruses, disabling codes, worms or other devices or defects. You bear the risks and responsibility for any loss or damage caused, directly or indirectly, by these risks, and Teleskin accepts no liability for any interference with, or damage to, your computer system, device, software or data occurring in connection with the Website or Services.

20. RIGHT OF WITHDRAWAL IN EUROPE

European users have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us (TeleSkin ApS, Skolegade 7, 6700 Esbjerg, Denmark, e-mail: support@teleskin.com), of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, or e-mail). You may use the attached model withdrawal form, but it is not obligatory. You can also electronically fill in and submit the model withdrawal form or any other unequivocal statement on our website www.teleskin.com. If you use this option, we will communicate to you an acknowledgement of receipt of such a withdrawal on a durable medium (e.g. by e-mail) without delay.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount that is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.

21. MODEL WITHDRAWAL FORM


To TeleSkin ApS, Skolegade 7, 6700 Esbjerg, Denmark, e-mail: support@teleskin.com:

I/We (1) hereby give notice that I/We (1) withdraw from my/our (1) contract of sale of the following goods (1)/for the provision of the following service (1),

Ordered on (1)/received on (1),

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date
(1) Delete as appropriate.