Privacy Policy, Terms of Service, Refund policy of the  sharpbrows.com, hyaluronpen.vip, hyaluronpen.academy (and all of the subdomains, related sites, co-trainers, messaging platforms, other platforms, apps and sub-categories of those sites).

In order to receive information about your Personal Data, the purposes and the parties the Data is shared with, contact the Owner.
 
Service provider / Data Controller / Merchant or Owner
Everyoung Beauty and Age Reversal (EBAR) - Zurich, Switzerland and or its owner or assignee, or legal successor. The service provider is providing online trainings only (100% of the services of the service provider) and it does not sell, provide, ship or deal with any sort of physical products.

Types of Data collected
The owner does not provide a list of Personal Data types collected. Other Personal Data collected may be described in other sections of this privacy policy or by dedicated explanation text contextually with the Data collection. The Personal Data may be freely provided by the User, or collected automatically when using this Application and website Any use of Cookies – or of other tracking tools – by the Application or by the owners of third party services used by this Application, unless stated otherwise, serves to identify Users and remember their preferences, for the sole purpose of providing the service required by the User.
 
Invoicing for online services and web-based products
All students of all courses of www.hyaluronpen.academy, www.hyaluronpen.vip inside the EU hereby confirm that they are using the sort of local entrepreneurship with limited or unlimited responsibility that makes them legible for taxation, including and not limited to value added taxes under the framework of the value added taxation of the European Union. In case the student of any sort of learning online or offline provided by the Merchant is not able to provide an internationally acceptable number of such taxation responsibility he or she becomes responsible for any sort of taxation that may be additionally demanded by his or her local taxation institutions, government or fiscal offices.
 
Data needed for Invoicing and attending and principles related to that
The person attending the course (including the person using any sort of web-based learning systems provided by Merchant does not have to be the same that the person paying for such courses. In case it is a group training the person attending has to provide the details of any sort of local entrepreneur that is legible for taxation within the local framework of taxation according to the laws of the European Union. This means that i.e. a company may pay for the courses of different individuals that do not exercise any for of entrepreneurship whatsoever. 

Failure to provide certain Personal Data may make it impossible for this Application to provide its services.

The User assumes responsibility for the Personal Data of third parties published or shared through this Application and declares to have the right to communicate or broadcast them, thus relieving the Data Controller of all responsibility.

Mode and place of processing the Data - Method of processing
The Data Controller processes the Data of Users in proper manner and shall take appropriate security measures to prevent unauthorized access, disclosure, modification or unauthorized destruction of the Data. Access to the Data may be available to Data Processors such as employees involved with the processing or to external parties providing services to the Data Controller, third party technical service providers, mail carriers, hosting providers, IT companies, communication agencies. The updated list of these parties may be requested from the Data Controller at any time.


Place
The Data is processed at the Data Controller headquarters, unless stated otherwise in the rest of this document. 
 
Languages
All communication via this website and offline during the trainings, before and after those are carried out in English and in local languages. All arguments re solved using English language.

Conservation Time
The Data is kept for the time necessary to provide the service requested by the User, or stated by the purposes outlined in this document, and the User can always request the Data Controller for their suspension or removal.

The use of the collected Data
The Personal Data used for each purpose is outlined in the specific sections of this document.

Legal Action
The User’s Personal Data may be used for legal purposes by the Data Controller, in Court or in the stages leading to possible legal action arising from improper use of the solutions provided by the Merchant or any sort of public defaming. All legal disputes regarding these terms of service are solved in the court of Switzerland or by the court appointed by the Merchant (within the European Union). 

Additional Information about User’s Personal Data
In addition to the information in this privacy policy, this Application may provide the User with contextual information concerning particular services or the collection and processing of Personal Information not contained in this policy. More details concerning the collection or processing of Personal Data may be requested from the Data Controller at any time at its contact information.

The rights of Users (students)
Users have the right, at any time, to know whether their Personal Data has been stored and can consult the Data Controller to learn about their contents and origin, to verify their accuracy or to ask for them to be supplemented, cancelled, updated or corrected, or for their transformation into anonymous format or to block any data held in violation of the law, as well as to oppose their treatment for any and all legitimate reasons. Requests should be sent to the Data Controller at the contact information set out above. The Merchant has no obligation to provide one user date of another user.

Changes to this privacy policy
The Data Controller reserves the right to make changes to this privacy policy at any time by giving notice to its Users on this page. It is strongly recommended to check this page often, referring to the date of the last modification, usually listed at the bottom. If a User objects to any of the changes to the Policy, the User must cease using this solutions provided by the Merchant and can request the Data Controller to erase the Personal Data. Unless stated otherwise, the then-current privacy policy applies to all Personal Data the Data Controller has about Users and all services provided to the users by the Merchant. 

Information about this privacy policy - Definitions and legal references

Personal Data (or Data) - Any information regarding a natural person, a legal person, an institution or an association, which is, or can be, identified, even indirectly, by reference to any other information, including a personal identification number.

Usage Data - Information collected automatically from this Application or services provided by the Merchant (or third party services employed in this Application), which can include: the IP addresses or domain names of the computers utilized by the Users who use this Application, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilized to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server’s answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilized by the User, the various time details per visit (e.g., the time spent on each page within the Application) and the details about the path followed within the Application with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the User’s IT environment.

User - The individual using this Application, which must coincide with or be authorized by the Data Subject, to whom the Personal Data refer.

Data Subject - The legal or natural person to whom the Personal Data refers to.

Data Processor - The natural person, legal person, public administration or any other body, association or organization authorized by the Data Controller to process the Personal Data in compliance with this privacy policy.

Data Controller (or Application Owner, or Owner) - The natural person, legal person, public administration or any other body, association or organization with the right, also jointly with another Data Controller, to make decisions regarding the purposes, and the methods of processing of Personal Data and the means used, including the security measures concerning the operation and use of this Application. The Data Controller, unless otherwise specified, is the Owner of this Application.

This Application - The hardware or software tool by which the User Personal Data is collected or services provided by the Merchant in relation to which the data is collected. 

Legal information - Notice to European Users: this privacy statement has been prepared in fulfilment of the obligations under Art. 10 of EC Directive n. 95/46/EC, and under the provisions of Directive 2002/58/EC, as revised by Directive 2009/136/EC, on the subject of Cookies.

Update: 1. December 2018:
Full data protection agreement. Herby the Merchant takes full responsibility regarding the protection of the customer personal data. Merchant is allowed to publish customer data to third parties only with the written permission from the customer. The only exception is a court order from the legislation the Merchant operates under.
— end of update -  
This privacy policy is solely about this Website - Everyoung Beauty and Age Reversal, EBAR - Zurich, Switzerland,  (the operator of www.hyaluronpen.academy, www.hyaluronpen.vip and others that direct to those websites) Terms of Service (“Agreement”) regarding the websitewww.hyaluronpen.academy, www.hyaluronpen.vip and others that direct to those websites.

This Agreement was last modified on May 8, 2019.


Please read these Terms of Service (“Agreement”, “Terms of Service”) carefully before using www.hyaluronpen.academy, www.hyaluronpen.vip and others that direct to those websites operated by Everyoung Beauty and Reversal (EBAR) (“us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the Site.

Acceptance of general terms and conditions
By joining an online training service from our site (www.hyaluronpen.academy, www.hyaluronpen.vip and others that direct to those websites), you accept our general terms and conditions, including our Privacy Statement. As well as this applies to all sorts of sales negotiations or negotiations related to participating in a training of Hyaluronpen.academy, Hyaluronpen.vip  (later on: websites under this policy). If a visitor of one of those websites is considering participating in a training we strongly suggest to read all of terms of service to see if he/she agrees to those.

Price changes
Merchant reserves the right to change prices. Prices at the time of placing an order are valid throughout the buying process. At times where software or human errors for instance list products with an obvious faulty price, Merchant reserves the rights to cancel the order - notifications will be given.

Change of product assortment
Merchant reserves the right to change its stock availability on the site and to remove items from the product range before a purchase has been registered on the websites under this policy.

Product information
We do our best to make sure that all of the content on our site is correct. However, as we are only human, we reserve the right that unintentional errors may occur. However, as the Merchant only sellers online trainings and there are no physical products whatsoever, there can be no issues with colours etc. 

Under 18 years old
If you are under the age of 18, your parents’ or guardian’s consent is required to make any sort of purchases on this webshop or buying button on websites under this policy.

Available time of the online training material - 90 days!
There are no physical products ever shipped by Merchant, as the Merchant does not sell or provide any tangible items. The Merchant does not offer any sort of accessories or products in combination of the online training service. It is only possible to join the online training service. Standard access time to training platform is 3 months (limited to 90 days) and it may be extended by the representative of the Merchant if such notice is given to the client before joining the online training in a written reproducebale format. During the 90 days of the training the Merchant guarantees support - all questions that have been sent by a student will usually be answered within 1 business day. Also, the Merchant does its best that the material on the account was current and up to date (as hyaluron pen procedure is fairly new, updates are vital to keep the information knowledge up to date). The student can also ask for advice of any sort and the Merchant Support team grants the best support possible during the 90 days. When the 90 days training period has passed and the access to an account is still available for the student, the Merchant takes no responsibility whatsoever regarding the currency of the material in the account of the student. After the 90 days training period, all open accounts are considered complementary and can be used 100% at the responsibility of the student. In case the student chooses to extend the learning period (after one 90 day cycle is over), he/she will receive an account with all the most current updates.


Joining the online training
In terms of payment, we accept credit cards: VISA and Mastercard only. Making purchases in our webshop is secure (SSL). We use state of the art technology to keep your credit card information safe. User is fully legible for any sort of fees regarding the customs. Prices are stated in EURO. Purchases can only be made in the currency available for the country where you choose your delivery to be made.


Student getting or not getting insurance after the training
Merchant can not and does not guarantee in any way that the student will license to provide the service, nor does the Merchant guarantee that the student will get insurance in his/her specific location. Getting insurance depends on a wide range of aspects related to student background, insurance history, previous qualifications, experience, etc. It is 100% responsibility of the student to get the information about insurance possibilities before joining the training and the Merchant will not get involved in that in any way.

Location of the online training
Depending on the legislation the online training is an intangible product combined with the service or just service. Online training is always provided from within European Union or Switzerland. All online training material is based on criteria and circumstances in European Union and Scandinavian countries. Online training by the Merchant is not provided anywhere else outside EU or Switzerland, therefore all laws under which the online training is provided are based on legislation of those countries. The online training is provided under the specific EU legislation the concrete representative of the Merchant operates under or by default under the legislation the customer/student/client enters the contract with the Merchant or Merchant Product Partner Company.

EU Countries

Everyoung Beauty and Age Reversal (EBAR) is registered and operate out of Switzerland with the network of different affiliates operating under several legislations (in EU and outside). Also, we state that we are not able to ship products to countries inside or outside of EU.

Using websites under this policy (www.hyaluronpen.academy, www.hyaluronpen.vip).
By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms of Service. 

Intellectual Property
The Site and its original content, features and functionality are owned by Merchant and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws

Termination

We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Links To Other Sites
Our Site may contain links to third-party sites that are not owned or controlled by Merchant. Merchant has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.

Governing Law
This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of the location of the affiliate who established a direct relationship with the client (in most cases a member country of EU).

Changes To This Agreement
We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site. Your continued use of the Site or any solutions provided by Merchant on any websites under this policy after any such changes constitutes your acceptance of the new Terms of Service.

Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.
 
Contact Us
If you have any questions about this Agreement, please contact us through the form on this website. Everyoung Beauty and Age Reversal (EBAR).


Exchange and Refunds

Purchasing online training or services
Customers with a valid email address all over the world may join the online training from the site (www.hyaluronpen.academy, www.hyaluronpen.vip) or using buying buttons on those sites. We are operating in Switzerland or by partners inside European Union and Russia and we are currently able to deliver the online training in English only.

In terms of payment, we accept credit cards: VISA and Mastercard only. Making purchases in our webshop is secure (SSL). We use state of the art technology to keep your credit card information safe. For details on our security measures, please see the privacy policy or contact us.

Prices are stated in EURO . Purchases can only be made in the currency available for the country where you choose your delivery to be made.

Everyoung Beauty and Age Reversal (EBAR) is registered and operate out of Switzerland with the network of different affiliates operating under several legislations (in EU and outside).

We have partners inside of the European Union (EU), however we do not do any shippings of products to our EU customers, also. For products or supplies all users are advised to find other alternative sources.

In no parts does the online training the Merchant will provide provide any legal or medical advice. All information in videos and materials is just generally informative. If the training video contains opinions regarding different rules, regulations, directives, standards etc, it must be considered just an opinion of a specific trainer and by no means a direct legal, medical or cosmetic advice and must be considered just a third party opinion. In no parts of the online training no legal or medical advice is provided by the Merchant. All rules and regulations regarding different rules, regulations, directives, standards of various countries are subject to change and the buyer is fully responsible (as defined repeatedly on the public websites of the Merchant as well as in the terms of service) for using the information of the online class according to specific local rules and regulations.


Using the Merchant site student environment and any other sort of web-page learning/video environment on websites under this policy.
The student (the party that attends or will attend the Merchant class or whatever sort of services is always responsible for deleting the cache memory of the browsed used, because not clearing that or not deleting the history of the browser may result in seeing the older version of the site that contains less information. If the student wants to join a course and/or use any sort of web-based learning systems (including and not limited to video, studying etc environments) the person has to accept all terms of service presented here.    

Certification
Certification after the training is 100% optional and voluntary for the student. If the student does not want to get certified, he/she does not have to do the assessment and get the certificate. Not doing the test with the trainer or co-trainer, not becoming assessed and certified does not free the student/buyer/customer from any of his/her responsibilities nor is any basis at all for any amount of refund from the original price of the training. All certification and support is a complimentary service to help the student understand the training material better.
 
Printed certificates
Printed certificates are not included in the price of the online training. After the student has completed the training she will receive a digital certificate upon request. The merchant may send a printed version of the certificate A4 as a complimentary gift to the student. All such printed certificates are sent via ordinary mail and may not be trackable. Depending on the location of the student additional shipping fees may apply.
 
Comments / suggestions / defaming
In case the student has reasons to believe that the information on the websites under this policy is incorrect or insufficient or the user is unable to log into the site, she/he is responsible of contacting Merchant immediately (as soon as he/she found out that information is missing entirely or partly or is insufficient) and getting consultation how to log on the the site so that all the necessary information would be seen and usable. In case the student / user has any sort of questions, comments, suggestions, ides, criticism regarding the class or products or services sold by Merchant, the way the online training or service was sold, marketing strategies of the merchant etc, he or she has to turn to Merchant regarding those issues (content/quality of the content of the class, video quality, duration, teaching techniques, selling techniques, social media posts of merchant, quality and selection of the topics, received service as a customer or a model, contents of the workbooks, learning materials etc) by sending an email through the contact form on this website. In case the student that has signed up for an online class, ignores that, this can be considered a breach of contract and or defaming and and he / she is responsible for a damage fee 20 times of the cost of the class or online class. 

Any defaming by a student has to be proven by a screenshot or any other proof that will be added to the materials when a case is opened at a court of law. This term is balanced by the Merchant having the same responsibility. If Merchant presents whatever sort of questions, comments, suggestions, ideas, criticism regarding the student in public or to any third party, not the student the Merchant is responsible for a damage fee 20 times of the cost of the class or online class. In case the criticism of a student is based on false information or student makes a demand to Merchant that is in its essence already contradictory with the terms of service agreed upon in this document and presents the refusal of Merchant to agree to such demands in any sort of negative light in public or to third parties, it is considered immediately defaming, breach of contract and the student that has committed such an act will be liable for a damage fee 20 times of the cost of the class or online class that has to be paid to Marchant upon its first request. Merchant takes no responsibility whatsoever regarding the blog comments, blog posts or information written by any of the users or third parties about the services of the merchant. Online training education to students is given through classes or online classes and additional rights and regulations can derive from additional written contracts signed between the student and the education provider (partners of the Merchant).
  

Gift-codes, discount codes, referrals to third party sites
All gift codes are created and sent to a specific customer for one time use only. This means that the customer is able to use the gift-code during a specified timeframe for purchasing a certain online training solution. When Merchant or a representative of Merchant presents a customer a gift-code, it is always specified for which purchase the gift-code can be used. Any unauthorised use of gift-codes is strictly forbidden. If an unauthorised use of gift-code is detected (using the gift-code presented to other customer, using the same gift-code multiple times, using gift code presented to purchase one online service to purchase another online training service) the purchase may be refunded within 5 business days and online training account may be closed. After detecting an unauthorised use of gift-code Merchant has the right to consider all gift-codes, discounts and privileges of a customer are null and void. After detecting unauthorised use of gift-code the purchase amount can be refunded to the customer that has committed an unauthorised use of a gift-code and Merchant has the right to terminate any client relations in the future with that customer. This means, but is not limited to, not continuing (not committing to a new agreement) to provide services after the period purchased has come to an end (3 months), not providing additional discounts, privileges and support in addition to what has been agreed upon in the initial contract etc.  As the terms of service are based upon the laws of the legislation of the affiliate who established a direct relationship with the client, such behaviour from the side of the client falls under the description of fraud / scam according to the Penal Law and thus also authorities that have the responsibility to investigate such matters (local / international police, fiscal officers, Interpol) are informed of all such incidents. If an unauthorised gift-code was used, other online trainings bought with gift-codes are never refunded.
 
All referrals and buying suggestions are always given on the websites under this policy (www.hyaluronpen.academy, www.hyaluronpen.vip). Even then, the merchant takes no responsibility whatsoever regarding the changes of terms on those websites or the quality of service. The merchant clearly states if it has made orders from those sites. Merchant takes no responsibility whatsoever regarding all referrals, mentions, listings etc presented by any employee or representative of the Merchant on any other place (chat window, messaging applications, emails etc). All tested referrals are always presented on the websites under this policy.
 
 
Payments for online services
If a student has made a decision to join an online training (or any other online solution) the student has to acknowledge that online training in its essence is getting access to a series of videos and learning material. The fee for the online training is told beforehand. Online training environment allows the student to explore the material for 3 months after making a payment for an online class. In case the Merchant takes prepayments for future online trainings and is unable to provide those, no other online products will be refunded by the Merchant because of that. The Merchant may present alternatives to the student. However, if the student does not agree to take an alternative online class instead of the one that was not been given access to on the date promised, the merchant will return the pre-payment.
 
Depending on the course, material may be added in parts (smaller portions). In case material is added in smaller portions, all of the needed material to complete the course, has to be added within 5 weeks from joining an online class and the 3 month period is calculated from the last addition that is needed to complete the class. In case an online class includes also practicing or consulting sessions over internet those may be done for a separate fee (depending on the introduction of the course).  In case in the introduction of the course no online live training sessions or consultation is referred to, an additional offer is made by the representative agency of the trainer for that.  In case a functional online training access has been sent to the e-mail address the student has provided or the student has received a functional online training account invitation to her/his e-email, online training fee is never refunded (based on the Law of Obligation the which the terms and regulations are based on). 


Online training length and no-refund policy
If not specified otherwise, online training environment remains open for the client for 3 months after joining and receiving access. After that time, the fee for prolonging membership will be presented to the student. The fee for the online training always depends on conditions at a special moment in time and therefore can not be predicted beforehand. The service provider has full control over the price of the next session (3 months) of service. After the student has factually got access to online training (received access to e-mail or a functional account invite), the online training fee will never be refunded, because that would make online training as a solution fully impossible to be sold or marketed under any circumstances. Online training fees are never refunded also, when the student believes that the material presented on the online training does not meet his/her particular needs or tastes. In addition the user has to be noted that the fee for the original online training will also never be refunded if the user/student is not satisfied with any other solution purchased from Merchant (one-on-one online training session, another online training product), nor will it be refunded if the user is not satisfied with the complimentary certificate delivery dates, or any other solutions offered by Merchant. The Merchant also takes no responsibility whatsoever, if the student is able to use the skills presented during the online training in her specific location. As stated many times over, the possibility of providing any sort of services is dependent on local rules and regulations which are also subject to change. The Merchant never gives any guarantees about the legal framework of any specific country - all legal information on the online training platform is generally informative and meant to help to explain what the student needs to explore further to understand under which circumstances she/he is able to provide the service, in the future. Sometimes the result of the whole online training may be that the student understands that she is unable to provide the service when she explores further the initial legal opinions and comments presented on the online training platform. In such situations, the online training fee the student paid for the online training is mutually considered an investment well made because of the student avoiding much larger expenses or taking unnecessary legal risks.

All videos on the online training are the property of Merchant. All videos is protected by EU and international copyright laws. Reproduction (partial or full) in any form (including and not limited to taking screenshots, making transcripts etc) is prohibited without a written agreement with  Merchant. We are very strict regarding protecting the material presented on those websites and guarantee to take legal action immediately if such violations become apparent. Please appreciate the rights of artists and be prepared to be held responsible for that in a court of the law under the legislation of the affiliate who established a direct relationship with the client. Merchant takes no responsibility whatsoever regarding how the student uses this information. All use of the techniques shown, procedures done or strategies applied is completely and entirely the responsibility of the student as well as making sure the procedure itself, components or devices or tools used or techniques shown are completely legal and acceptable at the place of operating. Different countries may present different rules and regulations thus all video and other learning materials whatsoever on the websites under this policy should be considered generally informative. If you should see the material from those websites presented anywhere else by a third party please be kind enough to inform the Merchant.

The online training fee will also never be refunded on the basis that the student is unable the understand the material, i.e. the student claims that the accent of the trainer is not to her/his liking, the sequence of videos does not meet her/his vision of how the videos should be sequenced, the presentation of material is too concrete or there are too many repetitions. The online training is a digital products as is and as the level of students entering the training platform is extremely different, it will never be modified specially to meet individual needs. Therefore it is certain that depending on the student background, some of the material may be too complicated and some too simplistic. That has to be accepted by the student. All the students will receive equal opportunities and are presented link to those terms of service before signing up to the training. Also, they are encouraged to read and accept the terms when logging in to the training.
 

Providing the service after training (online and offline)
The training does not guarantee by any means that the participant will be successful at the field she or he was trained. Nor does the training guarantee that the student is able to perform the procedure.  The student is 100% responsible for using the material the correct way and making sure the legislation in his/her country allows performing the procedure. As well as Merchant takes no responsibility whatsoever regarding the student getting insurance or not. The merchant may provide information about the situations where students in similar situations have received insurance, however that is no guarantee whatsoever that an insurance company would insure the specific student. 


Deadline for payment of live online sessions
All live online session payments must be handled by the customer 14 days before the start of the first day of the agreed online training. All exceptions must be defined by the representative of Merchant in a written form. In case the fee is not paid in full on time the representative of Merchant has the right to reschedule the student’s online training session time. In case the student refuses the time he/she will be offered at least two more times of additional online live session. In case student refuses all the times he/she will lose the paid fee that is considered to cover the expenses related to rebooking and handling.

In case the student has paid the booking fee and the the full fee before the live online session and then it becomes apparent that the student can not participate on a live online training for whatever sort of reason (including but not limited to force majeure), Merchant may offer the student  a possibility to participate for free during another online training. However, no fees will be refunded if the Merchant provides the trainer for the original online training session at the agreed time. In case the trainer has to cancel an online training live session or re-schedule it, the student will be offered three additional dates for the live online training. In certain situations the trainer may want to cancel the online training session and not offer three alternative times. Then the student may get a learning credit or a refund in the amount of the initial booking fee. No other cost will be paid to the student even if those costs have been proven to be paid to third parties.
 

Opinions / criticism
If student has joined an online training or participated at a live online training session, no refunds whatsoever will be given for the student if the student finds the training not satisfactory later on. In case student reaches an opinion that for whatever reason the course, videos, workbooks, solutions, marketing strategies, client service, or similar was not satisfactory to him/her, after leaving the live online training session or having enrolled to online class, all such opinions, criticism, questions, suggestions or feedback of any kind must first be sent to the Merchant privately. Only in case the merchant does not provide answers to students questions related to content of the training within 12 weeks and the Merchant does not refer to sources where student can find answers (i.e internet based learning systems on websites under this policy) or solutions, is the student allowed to express such opinions / questions in public. The same applies to resellers of the online course. In case either party violates this (by expressing such opinions in public before contacting the other party privately) a fee in the amount of 20 times the course fee or online training fee has to be paid to the other party and the certificate will be revoked and online accounts closed. All posts whatsoever that are not direct messages / private messages / short messages via mobile phone are considered a public. Also sharing messaging via such medias with others are considered as public.


Claims related to the content of the online class
In case a participant decides to attend the online course and then afterwards finds the course to be unsatisfactory to his or her particular taste no refund will be provided because of the differences in the base knowledge and differences in the belief systems of different clients. In case the student will want some sort of additional information or knowledge the trainer may offer him / her additional ways and means to acquire that knowledge. In case the student considers solutions sold via websites under this policy or products that are included in the starter kit unsatisfactory to his/her particular taste no refund will be provided. The same applies to any sort of changes in the local legislation of the student. The online training is sold as is and the student always takes full responsibility about using the skills learned.
 

False or Malicious claims
In case the student/customer/client that has attended the online class files a claim against the service provider (Merchant and or it's affiliates)  and it becomes apparent that: a) the student has provided any sort of false information, b) the claim itself is based entirely or partly on false information, c) the student has committed an act that violates this agreement or a) the student has logged into the training, b) has accepted an account invite, opened it and put it into use, c) received the access to online training environment in email or listened to the course theory part in full or partially or d) makes a demand to Merchant that contradicts the terms of this service and/or then initiates public defaming if Merchant does not agree to that and this is proved with reproducible material, can be basis for failing a claim against the student in accordance to the Penal Law of the legislation of the affiliate who established a direct relationship with the client. And if that could in any way be related to student's  unwillingness to fulfil his/her own responsibilities (i.e. payment by instalments or payment a damage fee of 20 times the training or online training fee), the legal partner of Merchant will do its best to take it to the court of law that results (based on analogy and depending on the previous possible criminal record of the student) in pecuniary punishment or up to five years imprisonment. The Merchant has the right to have such claims handled according to terms and legislation of its choice, by default under the legislation the client/student/customer enters the contract with the Merchant and/or the Merchant Product Partner Company.


Inability to pay for the online course or live online training sessions
In case the student is unable to pay for the live online training or a solution that includes a live-session before the course a payment settlement is offered to the student by Merchant or it's representatives. A settlement has to be accepted in a reproducible form (i.e. an email exchange). In case the student is allowed to attend an online course before the course fee is paid in full the student has to acknowledge that according to the TERMS of SERVICE the certificate is valid only as long as he/she follows the payment schedule agreed with the service provider. In case the student is unable to follow the payment schedule for over 30 days and the student demonstrates no willingness to agree on new reasonable payment schedules (reasonable in this context means no longer than 1 month), Merchant has the right to publish students personal information with a referral to the fact that he/she owns money and is in the sense of service providing ethics untrustworthy.
  

Procedures done or services provided by the student after the training
Merchant, the training provider or whatever other institution that has the right to represent Merchant or sell online trainings with Merchant material takes no responsibility whatsoever for the results of the treatments students make after the live online class or online training. Merchant or whatever other institution that has the right to represent Merchant will not carrie out corrections for the clients of the students nor guarantee in any way the success of such procedures. Also, responsibilities regarding hygiene of the procedure lies entirely upon the student carrying it out after the live online class or online training. Merchant suggests that the student takes very throughout look of the local healthcare, hygiene, legal, licence-related and all other regulations of Swissmedic, Health Canada, FDA, Bundesministerium für Gesundheit, Министерство здравоохранения Российской Федерации, or whichever other local healthboard in student’s country governs the rules and regulations regarding using the device and providing the service and carries out the procedures according to that. Merchant only gives general information about the rules applied in different countries and makes suggestions regarding the hygiene, use of products, performing treatments however the responsibility regarding performing the procedures correctly according local hygiene, healthcare, public health, licence regulation etc norms lies entirely on the student. The student has to be sure that she / he meets all the local hygiene, compliance and competence requirements, always. As well as the student takes full responsibility that she /he is allowed to use the devices, products, solutions, strategies etc in their country according to the local rules and regulations of health related governing units. For example, if a student has joined an online training and is not able to use the skills learned or devices bought because the local rules and regulations forbid it, no refund will be provided as this is the sole responsibility of the student to seek for and fully understand the local rules and regulations before joining any online training, take additional training to obtain the needed licensing or provide the service in a region where restrictions are more liberal. Merchant nor the employees of the Merchant never take a stand regarding such regulations and student/user is solely responsible finding that out on his / her own. The regulations can differ to a great extent from country to country and even neighbouring countries in the same trading zones or unions of countries or states can have diametrically different approaches. The same applies if the local rules change to stricter - that is always considered unfortunate to both parties - the Merchant and the student - and no refund whatsoever is provided by the Merchant as a result of that.


Using the marketing materials on the online training system
All students (certified and not certified) have the right to use the material from the online training system and from the social media channels of the Merchant for the purpose of promoting the service. Students (or any third party) is strictly forbidden to use the marketing material (pictures, videos, descriptions) from the public website of the Merchant to promote any sort of or similar training. In case the marketing material from the Merchant online system is detected to be used in such context (in ads, descriptive texts, promotional or cover pictures, email marketing or any other sort of promotion) the student (or the third party) that is responsible for doing it, agrees to pay the merchant 20 times the fee for the training (or online training solution) and all other costs that is calculated by the Marchant as the direct or indirect damage.


Costs related to claims
In case the Merchant files a case against the Student or initiates any sort of civil claim against the Student that is unbiased, containing false or incorrect information, the Merchant is legible for all the direct cost caused to the Student. In case the Student files a case against the Merchant that is unbiased, containing false or incorrect information, the Merchant is legible for all the direct cost caused to the Student. In case the Student makes a claim that can be classified as an attempt of fraud with the intent to achieve unlawful enrichment at the expense of the Merchant, the Student is legible for 20 times the fee paid to the Merchant for an order of products or services that is related to that claim. The Merchant then has all the rights to seek for legal help when exercising the right to defend itself and use all legal means to guarantee receiving the funds from the Student.



Co-trainer and white label no warranty declaration
In case a student proceeds to become a co-trainer or an entity providing service under ‘white label‘, he/she is considered a business entity and no customer protections laws apply. It is automatically considered a business to business relationship and the co-trainer/white label owner herself/himself is responsible for providing business information to Merchant when it is asked by the Merchant. Merchant gives no warranty whatsoever to all digital and tangible solutions provided to the Co-trainer/white label owner. If a co-trainer/white label owner orders any sort of tangible items from the Merchant inside or outside the European Union, the Co-trainer/white label owner becomes the importer of the tangible products, fully responsible for all the additional expenses, taxation, registration and all other additional costs. Also the Co-Trainer/white label owner is fully responsible for the agreements made with possible students. The Merchant does not guarantee that the Co-Trainer is able to find students, nor takes the Merchant any sort of responsibility when it comes to students of the Co-trainer generating claims against the Co-trainer. Merchant does not recall any tangible solutions/products/supplies that have been sent to the Co-trainer/white label owner and such returns are not accepted by the Merchant. The co-trainer / White label owner is fully responsible for her/his own marketing materials, local device classification and registration, client relations, etc and can not refer to Hyaluron Pen Academy nor Everyoung brand with a written permission from the Merchant.


Agreement to provide information
Merchant has the right to ask the student for general feedback about the service and solutions provided to the student. Giving feedback is 100% voluntary by the student and the Merchant always has to provide correct information with the intent how feedback is used. In case the Merchant wishes to have more complete information about the student practices and procedures, the Merchant can send the student Corporate Regulatory Letter asking for additional information about the services, practices and products used and performed by the student. The student herby agrees to provide correct and truthful information to Merchant in a written form, after receiving such regulatory letter within 14 days after the letter is received from the Merchant. The student also gives the Merchant the right to forward this information to local authorities to help to prove that the student is acting according to all rules and regulations. In case the student does not comply with this, the Merchant has all the rights to use the personal data given by the student to inform local authorities about the point of service of the student and any activities that may violate local rules and regulations. As well as student becomes responsible for all the direct cost related to personal delivery of the Corporate Regulatory letters and / or direct cost of sending registered mail to the student.


Bundle solutions, possible registration or re-classification

In case the online training is sold as a part of a bundled solution (i.e. Hyaluron Pen online + Starter Kit), it is considered a sale of two separate items. Online training is an intangible item that is delivered and fully served when the account is created for the buyer. The starter kit is a collection of the following items: 

  • Cosmetic Hyaluron Pen Device (99€),

  • Filler capsules: 5 pieces (19€),

  • Syringe for transferring (9€),

  • Practicing filler (for model practicing)

  • 10 x 0.5 ml (5 ml total) - (49€),

  • Everyoung Hyaluron Pen towel (29€),

  • Workbook (high-quality colour printout original workbook - approx 30 pages) - (89€),

  • Customer discount code for ordering Everyoung filler cocktails from the online learning platform / customer ID number (39€),

  • User manual (19€), package box (2€).

Therefore the item 'Starter Kit' is also a bundle of items bought by the Buyer and sold by the Merchant. When making the purchase the buyer hereby agrees to the above-listed division of the price. UNDER NO CIRCUMSTANCES DOES THE MERCHANT ACCEPT ANY RETURNS OF ITEMS OF THE STARTER KIT, with the exception of the returns by the Buyer within the buyer-friendly 14 days cool-off return window, if the customer is a private person ordering from inside the European Union. The same buyer-friendly 14 days cool-off window can be applied also to shipments to other regions, in case the Merchant agrees to that. All such cases are examined individually.

 All hyaluron pen devices sold are sold as cosmetic devices. This based on the interpretation of the EU directive 93/42/EEC: ‘medical device’ means any instrument, apparatus, appliance, software, material or other article, whether used alone or in combination, including the software intended by its manufacturer to be used specifically for diagnostic and/or therapeutic purposes and necessary for its proper application, intended by the manufacturer to be used for human beings for the purpose of: 

— diagnosis, prevention, monitoring, treatment or alleviation of disease,

— diagnosis, monitoring, treatment, alleviation of or compensation for an injury or handicap,

— the investigation, replacement or modification of the anatomy or of a physiological process,

— control of conception, and which does not achieve its principal intended action in or on the human body by pharmacological, immunological or metabolic means, but which may be assisted in its function by such means;

The device is only sold from countries where the local medical device regulation states that the device is NOT intended by the manufacturer to be used for human beings for the purpose of any of the procedures and criteria listed above. This means that the manufacturer has classified the device as a cosmetic device and has gained a written acceptance from the local Health Board accepting the fact that with the marketing, packaging, and presentation of this device it can only be considered a cosmetic device and not a medical device. 

In the case of the cosmetic device, Hyaluron Pen is bought from countries outside the legislation where it is solely considered a cosmetic device the buyer takes full responsibility for possible re-classifying the device according to local rules and regulations. In case bought outside the borders of the countries where the hyaluron pen is solely considered a cosmetic device by the local medical board, the buyer (regardless of a private person or a company) takes the role of an importer of the device, taking on full responsibility regarding registration of the device according to all local regulations. Herby Merchant explicitly declares taking no responsibility whatsoever regarding the registration process, providing additional documentation and/or participating in such registration proceedings. As stated in the terms of service, local rules, regulations, and requirements can differ to a great extent. I.e. in the neighboring countries inside the same union or trade zone, the hyaluron pen can be required to be classified as a cosmetic device, a class 1 medical device or a class 2 medical device. 

The buyer hereby takes full responsibility regarding determining beforehand the need regarding classifying the device and completing all procedures regarding additional classification, if it becomes needed. The Merchant is not the importer, nor does the Merchant participate in such proceedings. In the case where the local health board or whatever sort of governing unit changes the requirements for classification or initiates a requirement for the device to be registered after the device has been bought by the Buyer, it is no basis for a recall as the Buyer has taken the role of the importer and is solely responsible for such registration process and costs related to that. 

This part of the Agreement was last modified on May 8, 2019.


Returns Policy

Everyoung Beauty and Age Reversal (EBAR), Zurich Switzerland, or partners. Using all learning environments on all websites under this policy
If the student registers to use a learning environment of Merchant (i.e. hyaluronpen.academy) then by using the environment (when creating an account) the student accepts all TERMS of SERVICE here. The student is allowed to explore / use / view this material for her / his own purpose ONLY. The material can not be copied, nor presented in public in any way. The sole purpose of the access to such learning / training environment is to help the student to acquire knowledge about the service and achieve the level of theoretical and practical skills needed to be awarded a certificate. In case the student shares the information in public she / he is responsible for all the direct and indirect damage done by that action.

Using the promotional materials of Merchant
All sort of promotional material digital or graphical can only be used by certified artists and with written consent from Merchant or its representative. If such should occur, the merchant is entitled to compensation for all the direct and indirect damage done to its brand. Also the exact same applies to all the participants of courses and online training. No participant may start providing services under the Merchants name or referring to a partnership of Merchant on clients without written consent from the merchant. No services related to Merchant can be advertised before receiving the certificate and a consent to practice the treatment on clients by the trainer. 
 
Arguments
All reclamations, questions, arguments and whatsoever between the client and the provider of online solutions and online and live-classes of Merchant regarding all parts of this terms of service here will be solved under the legal framework pointed out by the representative of the Merchant inside EU as agreed upon by the terms of service here. In case of an argument, both parties have to solve the argument first over an exchange of emails. If that produces no results, an argument must be solved on a meeting or having representatives meet in Switzerland, Zurich or Finland, Helsinki. If that too will produce no results all arguments are then taken to the court of law under the legislation of the affiliate who established a direct relationship with the client or if required by the Merchant, by default under the legislation the customer/client/student has entered the contract with the Merchant Product Partner Company by the terms of service here. During the solving of an argument, both parties have to keep the details of the argument sealed from the public. If one party fails to do that compensation in the amount of ten times an online course fee or live online training fee has to be paid to the opposite party. All sort of posts on the internet or social media are considered as public announcements and thus can be a breach of contract depending on their nature and content. Merchant and its representatives are not allowed to mention the personal details of the student (name, exact age, location) when discussing the argument in public, however, herby Merchant is allowed to mention the principal details of the argument. The Merchant and the client/student/customer herby agree that any litigation by the Merchant and arguments between parties will be solved under the legislation the client/student/customer enters the contract with the Merchant and/or the Merchant Product Partner Company according to the terms of service here.
 
This part of the Agreement was last modified on May 8, 2019.




Exceptions to terms of service (Annex A)

Merchant is not obligated to make any exceptions to the terms of service described in this document. The Merchant may make exceptions in the form of gifts, donations, complimentary products or services if the student suffers a personal calamity in the form of one or many of the following happening:

  • Death of the student. In case the student dies (within the timeframe of 6 months after becoming a student), the Merchant may donate to the family and closest relatives of the student a sum that covers the sum the student has invested into training.

  • Terminal illness. In case the student becomes aware of her / his terminal illness within 6 months after becoming a student, the Merchant may donate the student the sum that covers investment made into training by the student. This criterion does not apply to situations where the person signing up was aware of the illness before becoming a student.

  • Death of a close relative. In case the student suffers the death of a close relative (one or both of the parents or one or many children) within 6 months after becoming a student, the Merchant may donate the student the sum that covers investment made into training by the student. This criterion applies nevertheless the calamity of that sort was foreseeable.

  • Permanent incapacity to work. If the student becomes permanently unable to work because of a physical injury or damage and is classified as having a partial or full disability or handicap within 6 months after becoming a student, the Merchant may donate the student the sum that covers investment made into training by the student. This criterion does not apply to situations where the person signing up was aware of the illness or whatever other circumstances leading to disability before becoming a student.

Such exceptions in the form of gifts, donations, complementary products or services may be awarded by the Merchant as a gesture of goodwill initiated by the Merchant if the Merchant becomes aware of the situation via a reliable source. In case the student or the close relatives of the student make a plea for an exception to be made, the Merchant will decide that within 5 business days after receiving such a plea. If the decision is based on a plea, the Merchant may request minimal evidence proving the circumstances.

 


Litigations, Investigations and law suits (Annex B)

In the case of defaming and malicious claims, the Merchant takes the full right to secure the possible financial damage by arranging collateral or mortgage to the immovable property of the student. That is done via Interim relief. The financial liability in case of defaming, violation the terms of service and/or proposing malicious claims is not limited to 20 times the fees the student has paid the Merchant. By default, the claim the student agrees to by accepting the terms of service is 20 times the fees paid and direct financial costs of the Merchant regarding a concrete case and fees related to court proceedings and ord police investigation. 

All cases where the claim against the Marchant is made by the student based on false information that the student was aware of or must have been aware of, are automatically classified as embezzlement attempts or embezzlement, fraud attempts or fraud. In case the false or malicious claim causes direct financial damage to the Merchant (inability to use the funds of the Merchant to the full extent, additional legal expenses when the Merchant has to exercise it's right to defense or whatever other expenses, that can be proven), the act of filing a false claim will be automatically classified as embezzlement or fraud.

The legal framework inside European Union under which such proceedings take place all classify similar punishments for such deeds. The following is a sample of a range of punishments given by the court for such actions: 


Embezzlement is illegal converting into his or her use or the use of a third person of movable property which is in the possession of another person or other assets belonging to another person which have been entrusted to the person is punishable by a pecuniary punishment or up to one year's imprisonment. The same act, if committed: 1) by a person who has previously committed theft, robbery, embezzlement, acquisition, storage or marketing of property received through commission of an offense, intentional damaging or destruction of a thing, fraud or extortion; 2) on a large-scale basis; 3) by an official; or 4) by a group; is punishable by a pecuniary punishment or up to five years’ imprisonment. An act provided for in subsections of this section, if committed by a legal person, is punishable by a pecuniary punishment. For criminal offense provided for in clauses (2) 2) and 3) of this section, the court may impose extended confiscation of assets or property acquired by the criminal offense pursuant to the provisions of this Code.


Fraud is causing of proprietary damage to another person by knowingly causing a misconception of existing facts for the purpose of the significant proprietary benefit is punishable by a pecuniary punishment or up to three years’ imprisonment. The same act, if committed: 1) by a person who has previously committed theft, robbery, embezzlement, acquisition, storage or marketing of property received through commission of an offense, intentional damaging or destruction of a thing, fraud or extortion; 2) by an official; 3) on a large-scale basis; 4) by a group; or 5) by addressing the public; is punishable by one to five years’ imprisonment. An act provided for in subsection (1) or (2) of this section, if committed by a legal person, is punishable by a pecuniary punishment. (4) For criminal offense provided for in clauses (2) 2) and 3) of this section, the court may impose extended confiscation of assets or property acquired by the criminal offense pursuant to the provisions of this Code.

By accepting the terms here the student understands that defaming, false/malicious claims, violations of copyright laws and other violations of this contract can lead to criminal investigation and civil litigation(s) simultaneously. 

The Annexes of the Agreement were last modified in August, 2019.

Terms of the contract between the Merchant Product Partner Company and the client/customer/student - Conditions for all bundle offers and co-promotional offers the client/customer/student accepts as part of the terms of service here.

  1. Subject matter of the Contract

    1. The Merchant Product Partner Company acts as an intermediary for the Client for the conclusion of one of the transactions specified in clause 1.2 according to the terms set forth in the Contract.

    2. The Client wishes to and has agreed to purchase:

      1. Cosmetic Hyaloron pen

      2. any other object that may be from time to time be specified and agreed upon between the Client and the Merchant Product Partner Company. 

      3. Hereinafter the objects in sub-articles of 1.2. are referred to as the “Item” or the “Items”.

    3. The Client appoints the Merchant Product Partner Company to be its representative in purchasing one of the Items, which is specified and identified in a separate order (in writing or by e-mail, ordering from a website or any other electronic means of communication), hereinafter referred to as the “Order”, which shall be considered an appendix to this Contract. 

    4. The Merchant Product Partner Company shall on the Client’s cost and in the Client’s or on its own name purchase the Item from any sellers of the Item, as theMerchant Product Partner Company sees fit, and deliver or have the Item to be delivered to the Client. The Merchant Product Partner Company is also by entirely on its own discretion entitled to sell from its own stock the Item to the Client and deliver it to the Client. 

    5. The Client shall pay for the Item to the Merchant Product Partner Company in full in advance as set forth in the Order. This payment shall include the fee of the Merchant Product Partner Company for fulfilling the obligations of this Contract.

    6. The Merchant Product Partner Company shall not provide any training or instructions for the use of the Item. The Client shall be solely responsible for the correct use of the Item. 

    7. Unless otherwise agreed in respective Order between the Merchant Product Partner Company and the Client, that the Merchant Product Partner Company shall exclusively and directly, sell and provide to the Client any and all spare parts and consumables necessary for the the Item.

    8. The Merchant Product Partner Company shall intermediate any warranty claims regarding the Item and the Client shall submit those to the Merchant Product Partner Company. 

    9. Considering that the Item may require certifications or permits to be granted by the respective government authorities of certain countries, Parties hereby acknowledge and agree as follows: 

      1. the Client shall be solely responsible for applying and obtaining any required licenses, certifications or permits in regard of respective Item; 

      2. If any licenses, certifications and/or permits are required from the Merchant Product Partner Company, the Client takes full responsibility for obtaining respective licenses, certifications or permits and the Merchant Product Partner Company agrees herby to provide assistance to a degree it sees fit.

    10. The Client shall provide The Merchant Product Partner Company with any information needed for the proper execution of the Contract.

  2. Limitation of Liability. Indemnification.

    1. Except as otherwise set forth in this Agreement, neither Party shall be responsible to the other for any indirect, special, consequential or punitive damages, including (without limitation) damages for loss of anticipated profits or revenue or other economic loss in connection with or arising from anything said, omitted, or done hereunder (collectively “Consequential Damages”), whether arising in contract or tort, provided that the foregoing shall not limit a Party’s obligation under Section 2.2. to indemnify, defend, and hold the other Party harmless against amounts payable to third parties.

    2. Each Party agrees to indemnify and hold harmless the other Party from and against claims by third parties for damage to tangible personal or real property and/or personal injuries to the extent caused by the negligence or wilful misconduct or omission of the indemnifying Party.

    3. The Client shall indemnify and hold harmless the Merchant Product Partner Company from all claims by the Client’s any customers related to the use of the Item. The Client shall be responsible for the quality and safety of the usage of the Item.

  3. General Provisions.

    1. Confidentiality

      The Parties shall not, even after the expiration of this Agreement, whether directly or indirectly use or communicate to third Parties any trade secrets or confidential information of each other which they have come to know in any way or manner in connection herewith.  Such secrets or information shall only be made available to such employees or agents of the Parties who need it for the reasonable execution of their assignments within the scope hereof, and on the condition that they are subject to a secrecy obligation corresponding to the obligation of the Party in question, either by law or by contract.  Should any of the employees or agents of a Party be in breach of its secrecy obligation, such Party assumes full responsibility therefor towards the other Party. The confidentiality obligation set out above shall continue until the secrets and information covered by such obligation become generally known to the public.  However, the secrecy obligation shall not cover information etc. which, on the basis of reliable proof:  At the time of the disclosure is or was generally available to the public or hereafter becomes generally available to the public through no fault of the Party in question; Was not acquired directly or indirectly from the other Party and which the recipient can show was in its possession prior to the time of the disclosure, or was independently made available as a matter of lawful right to the Party in question by a third party.

  4. Termination for Cause

    1. Failure to Fulfil Obligations. This Agreement may be terminated forthwith by either Party if the other Party fails to fulfil any of its obligations under this Agreement and such default is not remedied within thirty (30) days of the date on which a written notice of default has been delivered to the defaulting Party. It is understood that unless specifically waived, the Party notifying such default or seeking termination on the basis thereof reserves the right to claim damages notwithstanding the fact that such claim is not yet formally presented in the notice of default or termination.

    2. Termination for Bankruptcy or Insolvency, liquidation deletion. In the event that either Party is declared insolvent, is adjudged bankrupt, deleted, liquidated or files a petition for bankruptcy, or reorganization under any bankruptcy law, is expropriated or sequestrated or submits or has to submit to any other administrative or judicial measures of control, this Agreement may be terminated immediately by the other Party. Insolvency is defined to mean the inability to pay debts as they become due and the excess of liabilities over assets.

    3. Compensation upon Termination. The Parties hereto waive the right to claim compensation by reason of the expiration or termination of the Agreement, except where such claims are based on a breach of this Agreement or on the negligence of the other Party, or on provisions of mandatory law possibly applicable and in such case only to the minimum mandatory extent.

  5. Governing Law and Disputes.

    1. This Agreement shall be construed in accordance with and governed by the laws of Estonia.

    2. The Parties will take all possible measures to settle amicably any disputes or differences which may arise out of this contract or in connection with same. All disputes arising out of or in connection with this Agreement shall be exclusively submitted to Harju Maakohus in Tallinn, Estonia according to the Estonian procedural law. 

  6. Modifications. All modifications and amendments to this Agreement shall be in writing agreed upon over email or presented here in this terms of service.

The parties acknowledge that they have complete and full recognition of the terms and conditions of this Contract, understand them and undertake to comply with them and the representatives of the parties have all necessary authorizations to conclude and sign this agreement. 

The agreement is considered signed when the Client accepts the terms of service by making orders or conducting any business with the Merchant.



Special notification to students in US

A copy of an article from the US Med Spa Association

By Patrick O’Brien, JD, legal coordinator for the American Med Spa Association

ORIGINAL STORY [7/1/2019]: The Hyaluron Pen is a new injection device that is gaining a lot of buzz overseas. It claims to deliver injections of fillers—typically hyaluronic acid—in a less invasive and painful way than typical needles and syringes. As these products make their way to the U.S., it must be noted that currently, no device is U.S. Food and Drug Administration (FDA)-approved for injecting hyaluronic acid and other fillers in this way. We have seen several ads and notices that offer to sell these devices and provide training for them. Before you make a purchase, you may want to know: Is it legal? And can you legally perform this procedure?

When a medical device gains FDA approval, it can legally be marketed for that specific approved use. We have discussed issues with using approved devices in unapproved ways—so-called “off-label use.” In this case, we were unable to locate an FDA marketing application for a hyaluronic acid injector. According to an FDA guidance document on needle-free injectors, this type of device would likely by regulated by FDA’s Center for Biologics Evaluation and Research or Center for Drug Evaluation and Research as a “combination product.” General-use needle-less or jet injectors are regulated as Class II medical devices. In general, without an FDA marketing or premarket approval, a product manufacturer cannot legally sell or advertise a device for unapproved use; this marketing prohibition extends to purchasers of the product as well.

Since this product is so new, there are no specific laws that directly address who may use it. Instead we must look at how similar procedures and technologies are treated. Unlike a traditional filler injection that uses a hypodermic needle and syringe, this device uses a high-pressure jet to inject the fillers through the skin without the use of a needle. This makes the device similar to other needle-less and jet injection systems that sometimes are used to deliver vaccines and other medications.

While the injection technology is novel, the treatment is fundamentally the same as traditional filler injections. Although there is no needle being used, the skin is still being “pierced” by the jet of hyaluronic acid. As such, we believe these pens will follow the same or similar rules as injecting filler using traditional syringes. Therefore, the use of these devices is a medical treatment, so a good-faith exam must be performed before the procedure, and if the physician is not administering the treatment him- or herself, it must be properly delegated. Unfortunately for practices that would like to use unlicensed practitioners to use pen injectors for fillers, this takes the procedure out of the scopes of practice for aestheticians and most LVNs.

To learn about legal and business best practices to keep your med spa compliant and profitable, attend one of AmSpa’s Medical Spa & Aesthetic Boot Camps and become the next med spa success story.

UPDATE [8/26/2019]: AmSpa has become aware that the Texas Medical Board (TMB) has issued at least one and possibly more compliance letters regarding Hyaluron Pens. We don’t have all of the details on this issue, but it appears to have stemmed from health inspectors noticing a Hyaluron Pen at an aesthetician’s station during a salon inspection.

In the article below, we noted that even though these pens do not use needles, their use is considered the practice of medicine, and these procedures need to be performed by appropriate persons under medical supervision. This TMB letter, at least for Texas, confirms that belief, and we see no reason other states would take a different view.

It is our understanding that Hyaluron Pens are being promoted through seminars and trainings; these trainings seem to be marketed primarily to aestheticians and cosmetologists. Remember, before you spend any money or time on any training, it is important to verify that you will be legally able to perform the procedure. (See here for more information.)


Knowing How Is Only Half the Battle

Posted By Administration, Tuesday, April 9, 2019

By Patrick O’Brien, JD, legal coordinator for the American Med Spa Association

Training and education are valuable tools that can help you grow and develop your practice. However, before you spend a fortune on training, make sure you legally are able to perform the procedures. Education, skill and competency—these or similar terms are found throughout rules and regulations that govern medical and nursing practices, and they communicate the uncontroversial idea that a person should have some skill to safely perform a medical procedure on another person. But training and education alone won’t empower you to perform procedures—only a professional license or certification can do that.

This is the case with all professional licensure, from barbers to lawyers to nurses and doctors: Completing courses will give you the important skills you will need in your future profession. But it is the state-granted license that legally authorizes you to offer those professional services to others. You can quit reading this blog right now (please don’t) and go attend a barbering program to learn how to give the smoothest shaves known to man, but you will be breaking the law if you start practicing before getting a barber’s license from your state’s barbering board.

Laser or injection training can be invaluable, but it is useless to a medical assistant (MA) or nurse in a state that prohibits a physician from delegating injections to nurses or unlicensed individuals. As is often the case, “who can do what” varies significantly from state to state. (AmSpa Members can click here to check their state legal summary.) For example, in Texas, an MA with proper training and supervision is able to perform Botox injections. However, in California, MAs may not perform injections, nor may license vocational nurses (LVN)—only registered nurses (RN) and higher may perform those procedures there. In Florida, the nursing board has consistently denied RNs from including Botox injections in their scope of practice. Similarly, the Rhode Island Board of Nurse Registration and Nursing Education holds the stance that RNs and LVNs are not able to inject Botox or other fillers. AmSpa advises that as a best practice, medical aesthetic practices should only utilize RNs and higher for cosmetic injections, even if your state permits others to perform the procedures. But whatever you choose to do, it isn’t a good idea to spend time and money training up an employee who legally can’t use the training.

Now, the professional license that grants this authority doesn’t necessarily need to be your own. Many states allow appropriately trained people to perform procedures under the delegation and supervision of a licensed professional. In these cases, showing documentation of the appropriate training and skill is critical for compliant delegation of the procedure.

Laser hair removal and tattoo removal technician “certifications” are other common areas where this crops up. Most states do not recognize such certifications and restrict the use of lasers only to individuals with medical or nursing licenses. Even in states with laser technician licenses, the person must complete a particular state-approved education course and then apply for licensure with the state; simply taking any training course won’t do. So before signing up for training, find out how your state treats laser technicians and if that course meets state requirements.

Investing in training, education and skill development is crucial to having a successful medical aesthetic practice. But because states have different rules on professional scopes of practice, supervision and delegation, it is important to make sure your money is wisely spent. You must be sure that your state’s licensing boards include the new procedure in your scope of practice.

This section (Special notification to students in US) was updated: August 27, 2019.

In case the client/customer/student/visitor has questions regarding the terms of service here or needs parts of the terms of service explained to him/her exhaustively before or after doing any business with the Merchant, he/she is welcome to send questions and get explanations by writing an email to info@probrows.com


ProBrows Europe OÜ (the operatior of www.probrows.com) Terms of Service (“Agreement”) regarding the website www.probrows.com.

This Agreement was last modified on January, 2017.

Please read these Terms of Service (“Agreement”, “Terms of Service”) carefully before using www.probrows.com operated by ProBrows Europe OÜ (“us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the Site.

Acceptance of general terms and conditions
By ordering from our site (www.probrows.com, sharpbrpows.com, brows.fi, microblading.fi), you accept our general terms and conditions, including our Privacy Statement. As well as this applies to all sorts of sales negotiations or negotiations related to participating in a training of ProBrows Europe., SharpBrows, Brows.fi and Microblading.fi. If a visitor of one of those websites is considering participating in a training we strongly suggest to read all of terms of service to see if he/she agrees to those.

Price changes
ProBrows Europe OÜ reserves the right to change prices. Prices at the time of placing an order are valid throughout the buying process. At times where software or human errors for instance list products with an obvious faulty price, ProBrows Europe OÜ reserves the rights to cancel the order -notifications will be given.

Change of product assortment
ProBrows Europe OÜ reserves the right to change its stock availability on the site and to remove items from the product range before a purchase has been registered on the website www.probrows.com.

Product information
We do our best to make sure that all of the content on our site is correct. However, as we are only human, we reserve the right that unintentional errors may occur. Colors on your computer screen are not always 100 % accurate. 

Under 18 years old
If you are under the age of 18, your parents’ or guardian’s consent is required to make purchases on this webshop www.probrows.com.

Damage during transportation
All shipped packages are insured. If the package and/or the content is damaged upon arrival, please report it to the courier upon delivery. When returning goods to us, do not use snail mail as this is uninsured (and you will not be reimbursed if the package is lost). Always keep your receipt. If you notice any damages when you unpack your items, please contact us.

Shopping, shipping and customs
In terms of payment, we accept credit cards: VISA and Mastercard only. Making purchases in our webshop is secure (SSL). We use state of the art technology to keep your credit card information safe. For details on our security measures, please see terms and conditions.

Prices are stated in EURO or USD depending on your destination country. Purchases can only be made in the currency available for the country where you choose your delivery to be made.

EU Countries
ProBrows Europe OÜ is registered and operate out of Estonia, under Estonian law.
Estonia is inside of the European Union (EU). Hence we are able to ship products easily to all our customers all over the world.

Using www.probrows.com
By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms of Service. Capitalized terms are defined in this Agreement.

Intellectual Property
The Site and its original content, features and functionality are owned by ProBrows Europe OÜ and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

Termination
We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Links To Other Sites
Our Site may contain links to third-party sites that are not owned or controlled by ProBrows Europe OÜ.

ProBrows Europe OÜ has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.

Governing Law
This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of ESTONIA, without giving effect to any principles of conflicts of law.

Changes To This Agreement
We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service.

Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.

Changes to the Terms of Service of SharpBrows / ProBrows classes

If any major changes to the location of the classes is made, users / registered students  are informed about that over e-mail in advance. SharpBrows / ProBrows as a service provider is allowed to arrange classes in larger groups in case more trainers are involved end the ratio 1 trainer per 6-8 students is preserved. The maximum number of students per class is 30 students. However, SharpBrpws / ProBrows does it's best to keep the number of students within the limit of 18-24  (with the max number of trainers 3).

Contact Us
If you have any questions about this Agreement, please contact us: info@probrows.com


Exchange and Refunds

Shopping
Customers with a valid address all over the world may place orders in this webshop (www.probrows.com, sharpbrows.com, microblading.fi and brows.fi). We are operating in ESTONIA and as Estonia is inside European Union we are currently able to deliver our products outside of Europe.

In terms of payment, we accept credit cards: VISA and Mastercard only. Making purchases in our webshop is secure (SSL). We use state of the art technology to keep your credit card information safe. For details on our security measures, please see PRIVACY POLICY OF ProBrows WEBSITE and TERMS OF SERVICE OF ProBROWS.

Prices are stated in EURO or USD depending on your destination country. Purchases can only be made in the currency available for the country where you choose your delivery to be made.

ProBrows Europe OÜ is registered and operate out of Estonia, under Estonian law.

Estonia is inside of the European Union (EU), hence we have no customs barrier when shipping products to our EU customers.

Shipping
We will ship your order as fast as we can, normally it will be picked up within 2-14 working days of placing your order (not included the time for actual delivery). Once your order has been picked up by a shipping company, you will receive an e-mail with a shipment tracking number. Shipping rates and options are clearly stated on our website during the checkout process.

SHIPPING COSTS will be applied.

We ship to EU countries using UPS, DPD, TNT or other road service. Normal delivery time is 2-20 business days depending on how remote you live (also see overview below).

Even though Estonia is located at the very edge of the EU, you will not suffer from customs problems or extra taxes. The price listed in the web-shop are the price of the product with DAP conditions. This means that the client is responsible for any taxes in his/her respective country. In case the shipment is sent by Merchant (microblading.fi / Everyoung) and it does not pass customs for whatever reasons related to local restrictions, legislation in the country of the customer, the rights, qualifications and titles of the customer and all such, it has to be shipped back to the Merchant (microblading,fi / Everyoung). The customer is entitled to a refund in the amount of the original order amount from which is deducted the cost of the return shipment to the merchant and shipping and handling cost (99 €).  The refund will be returned to the customer in five business days after the shipment has reached the Merchant. 

Tracking your shipment
You will receive an e-mail and/or sms with your tracking number once the order has been shipped, and/or when it arrives at your local pick up destination.

Tracking your shipment
You will receive an e-mail and/or sms with your tracking number once the order has been shipped, and/or when it arrives at your local pick up destination.

Lost shipments
In case the package is sent with one of the following couriers: DHL., UPS, DPD, TNT, USPS and it gets lost in the way. A refund settlement is applied for from the courier. Until the refund has been received from the courier, a new package will not be sent. When the refund has been received, a new package will be sent.  If the package lost by the courier will reach the client later when he/she has already received a new package, the client has to mail back the initial package (mailing expenses are compensated by the Seller). If the courier loses a package the seller must not compensate that additionally to the client, nor refund the order.


Products ordered for discounted / student prices

SharpBrows / ProBrows always tries it's best to choose the products with the highest quality. However, if the customer finds the quality or contents of the products unsatisfactory, SharpBrows / ProBrows is responsible for helping the customer to reach out to the produces of the products and get additional information. SharpBrows / ProBrows bares no responsibility regarding the local legislation regarding using the products or providing the procedure nor regarding the contents. For all students SharpBrows provides information regarding the contents of the products (such as pigments) that SharpBrows / ProBrows has received from the producer or the representative of the producer. SharpBrows / ProBrows takes no responsibility whatsoever if the information provided by the producer is incorrect. SharpBrows / ProBrows always helps the customers to get additional factual information regarding such issues. No SharpBrows / ProBrows artist is required to use the products sold through the sales channels of SharpBrows / ProBrows. Some of the pigments sold by SharpBrows / ProBrows may contain Iron oxide, some may not. SharpBrows / ProBrows only sells pigments that the artists of SharpBrows / ProBrows have used themselves for more than 16 months to see the effect on different skin types. 

Starter kit and present products
The student of any SharpBrows courses does not have to pay for the starter kit, it is included in the class fee (or for a price marked). In case someone other than SharpBrows representative tries to sell the starter kit to student, he or she should inform SharpBrows immediately. Sometimes, in case it is suitable for both the student and the trainer, a part of the starter-kit may be sent to the student before the course. However, this is purely voluntary exception and SharpBrows does not guarantee that student would receive any components of the starter kit before the training. However, SharpBrows guarantees the starter kits at the class for all participants. In case the student has been sent components of the starter kit before and has not taken those to the class with him or with her, SharpBrows provides all the necessary tools and materials so that the course can be carried out.


Using the microblading.fi / Everyoung site student environment and any other sort of web-page learning/video environment.

The student (the party that attends or will attend the ProBrows Europe class in the future) is always responsible for deleting the cache memory of the browsed used, because not clearing that or not deleting the history of the browser may result in seeing the older version of the site that contains less information. If the student wants to join a course and/or use any sort of web-based learning systems (including and not limited to video, studying etc environments) the person has to accept all terms of service presented here.  In case the student has reasons to believe that the information on the microblading.fi site's training section or account section is insufficient, she/he is responsible of contacting ProBrows Europe immediately (as soon as he/she found out that information is missing entirely or partly) and getting consultation how to log on the the site so that all the necessary information would be seen and usable. In case the student has any sort of questions regarding the class or products sold by SharpBrows it has to turn FIRST to SharpBrows regarding those issues (content/quality of the products, content of the class, duration, teaching techniques, quality and selection of the blades, contents of the pigments, learning materials etc) by sending an email to info@probrows.com. In case the student that has been to a class ignores that, this can be considered a breach of contract and he / she is responsible for a damage fee 10x of the cost of the class. SharpBrows / ProBrows takes no responsibility whatsoever regarding the blog comments, blog posts or information in the Inspiration section of the microblading.fi site. It has been composed from the blogs of different authors and should just be takes as it is - informative however not obligatory to follow. Microblading education to students is given through classes or online classes and additional rights and regulations can derive from additional written contracts signed between the student and the education provider. 
 

Giftcodes and discount codes

All gift codes are created and sent to a specific customer for one time use only. This means that the customer is able to use the gift-code during a specified timeframe for purchasing a certain product. When a representative of microblading.fi/Everyoung presents a customer a gift-code, it is always specified for which purchase the gift-code can be used. Any unauthorised use of gift-codes is strictly forbidden. If an unauthorised use of gift-code is detected (using the gift-code presented to other customer, using the same gift-code multiple times, using gift code presented to purchase one product or service to purchase another product or service) the purchase will refunded within 5 business days. All gift-codes, discounts and privileges of a customer are null and void. After detecting unauthorised use of gift-code the purchase amount minus all transaction fees will ne refunded to the customer that has committed an unauthorised use of a gift-code and microblading.fi/Everyoung has the right to terminate any client relations in the future with that customer. This means, but is not limited to, not continuing (not committing to a new agreement) to provide services after the period purchased has come to an end, not providing additional discounts, privileges and support in addition to what has been agreed upon in the initial contract etc.  As the terms of service are based upon the laws of the Respublic of Estonia, such behaviour from the side of the client falls under the description of fraud / scam according to the Penal Law § 209 - pt 1 and thus also authorities that have the responsibility to investigate such matters (local / international police, fiscal officers, Interpol) are informed of all such incidents.


Payments for online services

If a student has made a decision to join an online training (or any other online product) the student has to acknowledge that online training in its essence is getting access to a series of videos and learning material. The fee for the online training is told beforehand. Most online training environments allow the student to explore the material for 12 months after making a payment for an online class.
Depending on the course, material may be added in parts. In case material is added in parts. All of the needed material to complete the course, has to be added within 5 weeks from joining an online class and the 12 month period is calculated from the last addition that is needed to complete the class. In case an online class includes also practicing or consulting sessions over internet those may be done for a separate fee (depending on the introduction of the course).  In case in the introduction of the course no online live training sessions or consultation is referred to, an additional offer is made by the representative agency of the trainer for that.  In case the student has created an account and logged on to online training environment at least once, online training fee is never refunded (based on the Law of Oblication the which the terms and regulations are based on). 


Online training length
If not specified otherwise, online training environment remains open for the client for 6 months after joining. After that time, the fee for prolonging membership will be presented to the student. The fee for the online training always depends on conditions at a very special moment in time and therefore can not be predicted beforehand. The service provider has full control over the price of the service.

Providing the service after training (online and offline)

The training does not guarantee by any means that the participant will be successful at the field she or he was trained. Nor does the training guarantee that the student is able to perform the procedure.  The student is 100% responsible for using the material the correct way and making sure the legislation in his/her country allows performing the procedure. 


Payments for class bookings
Payments for class bookings are treated as payments to reserve a seat at a class thus a booking payment will be treated as a cause for the organiser to make additional unplanned costs related to travelling, materials, insurance, making video / audio etc material available to the buyer  etc. Based on the Law of Obligations of Estonia governing the activities of the organiser and its representatives  booking payments are always made at the risk of the buyer and can not be returned to the buyer. In case the buyer refuses the class (or will not be able to attend the class due to force majure), the booking payment is not returned and by accepting these terms and conditions the buyer agrees to that. 


Failed shippings
In case the shipment does not reach the destination and the product is returned because of customs denial to forward the product to the receiver, the product fee can be refunded after the actual shipping and handling cost  (99€) , transaction fees and all sorts of other actual costs are deducted from the sum received. That does not apply to cases where the shipment has reached the receiver and receiver is unable to use the product for legal, administrative or what ever sort of similar reasons.


Deadline for online payments for classes
All classes online payments must be handled by the customer 14 days before the start of the first day of the course or earlier. All exceptions must be defined by the representative of ProBrows Europe OÜ in a written form. In case the fee is not paid in full on time the teacher of ProBrows Europe OÜ has the right to move the student that has paid the booking fee to another class offering a new time for the course. In case the student refuses the time he/she will be offered at least two more times of additional courses. In case student refuses all the times he/she will lose the paid fee that is considered to cover the expenses related to rebooking and handling.

In case the student has paid the booking fee and the the full fee before the class and then it becomes apparent that the student can not participate for whatever sort of reason (including but not limited to force majeure), SharpBrows trainer responsible may offer the student  a change to participate for free in another SharpBrows training. However, no fees will be returned if the original class takes place as intended. 

If you are uncertain about how to customs declare your return please contact our customer service department. If student has participated at  a class  till the end of the second day and offered a certificate no refunds whatsoever will be given for the student if the student finds the class not satisfactory later on. In case student reaches an opinion that for whatever reason the course was not satisfactory to him/her after leaving the class, all such opinions, criticism, questions, suggestions or feedback of any kind must first be sent to info@probrows.com. Only in case the organiser of the class does not provide answers to students questions related to content of the training within 8 weeks and the organiser of the course does not refer to sources where student can find answers (i.e internet based microblading learning systems managed by SharpBrows or Everyoung coroporation) is the student allowed to express such opinions / questions in public. The same applies to the organiser of the course. In case either party violates this (by expressing such opinions in public before contacting the other party privately) a fee i the amount of 20 times the course fee has to be paid to the other party and the certificate will be revoked. All posts whatsoever that are not direct messages / private messages / short messages via mobile phone are considered a public. In case the student has purchased an access to an online training and logged on at least once, the same rules and regulations apply that have been described here in this paragraph.


Refund of booking fee for classes
In case the class is cancelled by ProBrows Europe OÜ all booking fees are refunded. In case the student is unable to attend a concrete class he/she will be given an opportunity to attend another class within 3 months from the date of the original class. In case a person has attended the class for longer than 4 h of the first day no refund will be given if he or she will find the class to be unsatisfactory. Otherwise no refunds whatsoever will be given. 


Claims related to the content of the class
In case a participant decides to attend the course and then afterwards finds the course to be unsatisfactory to his or her particular taste no refund will be provided because of the differences in the base knowledge and differences in the belief systems of different clients. In case the student will want some sort of additional information or knowledge the trainer may offer him / her additional ways and means to acquire that knowledge. In case the student considers products sold via microblading.fi or hyaluronpen.vip website, SharpBrows website or that are included in the starter kit unsatisfactory to his/her particular taste no refund will be provided.

False or Malicious claims
In case the student that has attended the class files a claim against the service provider (ProBrows Europe and or it's affiliates)  and it becomes apparent that: a) the student has provided any sort of false information, b) the claim itself is based entirely or partly on false information, c) the student has committed an act that violates the signed contract AND a) the student has attended the training on both days, b) has accepted the starter-kit, opened it and put it into use, c) received the access to microblading.fi training environment and listened to the course theory part in full can be basis for failing a claim against the student in accordiance to the Penal Law of the Republic of Estonia (§ 209, § 215, § 2172, § 218., § 21'9, § 223). And if that could in any way be related to student's  unwillingness to fulfil his/her own responsibilities (i.e. payment by instalments), the legal department of SharpBrows corp will do its best to take it to the court of law that results (based on analogy and depending on the previous possible criminal record of the student) in pecuniary punishment or up to five years’ imprisonment.


Inability to pay for the course

In case student is unable to pay for the course before the course a payment settlement is offered to the student by SharpBrows or it's representatives. A settlement has to be accepted in a re-produceable form (i.e. an email exchange). In case the student is allowed to attend a course before the course fee is paid in full the student has to acknowledge that according to the TERMS of SERVICE the certificate is valid only as long as he/she follows the payment schedule agreed with the service provider. In case the student is unable to follow the payment schedule for over 30 days AND the student demonstrates no willingness to agree new reasonable payment schedules (reasonable in this context means no longer than 3 months) SharpBrows has the right to publish students personal information with a referral to the fact that he/she owns money and is in the sense of service providing ethics untrustworthy.
 

Procedures after the training
SharpBrows, the training provider ProBrows Europe OÜ or whatever other institution that has the right to represent SharpBrows or carrie out classes with SharpBrows material takes no responsibility whatsoever for the results of the treatments students make after the class. SharpBrows ProBrows Europe OÜ or whatever other institution that has the right to represent SharpBrows will not carrie out retouches for the clients of the students nor guarantee in any way the success of such procedures. Also responsibilities regarding hygiene of the procedure lies entirely upon the student carrying it out after the class. SharpBrows suggests that the student takes very throughout look of the local healthcare and hygiene regulations and carries out the procedures according to that. SharpBrows gives general information about the rules applied in different countries and makes suggestions regarding the hygiene, however the responsibility regarding making the procedures correctly according local hygiene norms lies entirely on the student. PLEASE BE SURE TO MEET THE LOCAL SPECIFIC HEALTHCARE AND HYGIENE REQUIREMENTS. As well as the students and buyers take full responsibility that they are allowed to use the product in their country according to the local rules and regulations of health related governing units. For example, if a student or buyer has purchased and ordered microblading/luxeombre pigments, devices, hyaluron pen device, fillers, anaesthetics etc and is not able to use those because the local rules and regulations forbid it, no refund will be provided as this is the sole responsibility of the student / buyer to seek the local rules and regulations before ordering. 


Other relations based on the Law of Obligations

In case there are other monetary transactions between the students and models those provide the service to, the following should be kept in mind. SharpBrows / ProBrows takes no responsibility whatsoever regarding the transactions models pay to the students. In case students find their own models, they can sign a contract with the models to make sure that they get enough compensation from their models for the microbladed brows. Students bare the responsibility to explain the models that they are not and can not yet be professional microblading/luxeombre artists. Also it is advisable not to charge models final price of the service. SharpBrows / ProBrows suggests it to be smaller, however the final decision has to be made by the student that enters the relationship based on the law of obligations with the model. SharpBrows / ProBrows bares responsibility for making sure the student follows the material learned when measuring the brows and follows all the hygiene etc guidelines when making those. However SharpBrows / ProBrows does not bare any responsibility for the model of the student liking the brows. In case the model of the student simply is not satisfied with the brows (referring to the fact she does not like those), student has to refer to the agreements she has made with the model and correct the end-result according to such agreements.


Models and discounted price procedures

In case a person applies to be a model to a training or otherwise receives a discount no less than 20% of the original widely used price of a SharpBrows artist or a trainer, the following has to be taken into account. The waiting time on site may be considerably longer compared to normal appointments. Procedure itself may be considerably longer because students may ask questions and trainer may have to give longer than usual explanations whilst completing the procedure. Retouches of the model or discounted procedures are usually done by the same artist, however that requires the model to schedule an appointment well in advance and the time of the appointment is dependent on the training days of the trainer. As a rule a 3 different appointment times with an interval no less than 5 days will be provided by the organiser. In case the model is unable to come to one of the possible retouch times provided, additional days may be offered by courtesy of the trainer or the artist that completed the initial procedure. Otherwise, all the basic rules and regulations apply to the model that come from SharpBrows procedure contract. The following excerpt is accepted when coming as a sample model or coming to a discounted procedure:

By accepting this contract both parties acknowledge that they are well aware of the microblading/luxeombre process and its stages. They also acknowledge all the possible dangers related to that process as a whole and to its different stages. Service provider confirms that she has received sufficient training regarding the microblading/luxeombre process. The client/model confirms that she has completely understood which technology exactly is used when it comes to microblading/luxeombre. The client/model understands that microblading/luxeombre in its essence means inserting inorganic pigment molecules to the surface layers of her skin and that can be compared to the process of tattooing. Taking all that into account the client has made an informed decision to go for the procedure and have microblading/luxeombre done. The result of microblading brows is natural hair like and the result of luxeombre looks as if makup is applied to brows.

Both parties herby agree to keep the information that becomes apparent during the procedure and the process leading to this confidential from third parties. Both parties take full legal responsibility from any and all damage that is caused to the other party by breaking this agreement of confidentiality. This clause does not concern the “before” and “after” pictures that are taken by the service provider. In trainings the trainer may allow experienced students to make parts of the brow, retouch or fill in the luxeombre brows, also in cases if the model search advertisement adverises the procedure to be done by the trainer.

Hereby the client/model acknowledges that she is well aware of the range of different outcomes that the process of microblading/luxeombre can result into. The client/model also acknowledges that the service provider can not and will not guarantee that the client/model will be satisfied with the end result of microblading/luxeombre. Liking the new brows or not liking those is purely emotional evaluation and there can not be no universal standards that enable to set a level of the result being satisfactory or not being satisfactory. In case the procedure has been performed correctly and according to the standards of SharpBrows then the client /model acknowledges to have no further complaints regarding the likability of the brows that the service provider would have to react. In case the client/model has whatever sort of complaints, those must be sent in a personal email or message to the service provider. In case the client/model or the service provider start expressing criticism towards one another, the brand SharpBrows, organiser, etc in public before having had negotiations that include at least 3 meetings in person, the party having expressed the criticism must pay the other party 20 times the paid for the initial procedure. That concerns both opinion about the shape, pattern, symmetry and size of the brows.

The client/model acknowledges that the result of microblading/luxeombre that can be seen right after the procedure will change to a great extent. The thickness of the brows will downgrade a lot as well as the color of the pigment would fade to lighter up to 40 to 50 percent. The client/model also acknowledges that in order the result would have the precision and style comparable to the sample pictures of microblading/luxeombre or brow shading she would have to come at least once and probably several times for retouching. 

Both the client/model and the service provider acknowledge that the results of the microblading/luxeombre procedure vary greatly due to the specifics of the client/model skin type and other anatomical peculiarities. Although most of the results of the procedures remind to a great extent the photos and material that you are able to see on the website of SharpBrows as well as on all other marketing materials, the actual results on the client/model still look different even if the face type is similar. 

The service provider confirms that the procedure is carried out under strict rules and regulations regarding the norms of hygiene and disinfection of the tools used. All norms and regulations that are set by the local medial fiscal office are taken into account and followed. All needles (pins and blades) are used once only.  

The client/model agrees by signing this agreement that she is well aware of the fact that the pigment that can be seen after the initial procedure will fade away within the following weeks a great extent. The major fading off will take place within the first week (5-7 days). The overall fading of the pigment may be 40-50%. In addition to that the client also acknowledges that the thickness of the brows may change also around 15%. 

By signing the contract the client/model also gives the permission to the service provider to take “before” and “after” pictures of her brows. The photos taken and produced this way belong to the service provider and she is well entitled to use those for her marketing activities (marketing herself or in the context of marketing microblading/luxeombre procedure) without any sort of need to ask for additional permissions from the client. That sort of permission given by the client also applies to publishing this material on the social media or on the internet. 

Pain. Even when anesthetics are used the process of microblading/luxeombre can still be painful. People react to anesthetics in different ways and therefore there is no universal way the anesthetics affect the skin. Both parties acknowledge that the procedure may still cause uncomfortable feelings and pain. 

Danger to receive contagious viruses. Although the service provider follows all medical requirements to minimize all danger to whatever sort of viruses spreading as there are open wounds such danger still exists. The client/model therefore has to acknowledge such danger. The service provider takes all responsibility that she has done everything to minimize such risks. 

Uneven pigment. The lines that are drawn during the microblading/luxeombre process to the skin are at a very close look hardly ever absolutely flawless in shape. There may be little curves and uneven edges as well as the tone of the microbladed line might be uneven. Both the client/model and the service provider accept this as a inevitable part of the microblading/luxeombre process. The client/model has a chance before the procedure to ask any questions regarding what is to follow and the service provider has to give all the explanations. 

Asymmetrie. The service provider has to do everything for the brows to be symmetrical. For that the service provider can use all sorts of tools, applications etc. As a result of that the outline of the brows to be drawn will be seen before the procedure and in case the client/model so wishes the service provider can show that to the client/model. Both the service provider and the client/model acknowledge that the symmetry of the outline drawn to change is very small, however still possible to minor extent. 

Bruising and swelling. Both bruising and swelling to a large extent depend on a certain client/model. Different people react to the procedure in very different ways and both parties acknowledge that. If the client/model knows that her skin has a tendency to be bruised easily she has to tell about that the service provider.
Allergy against anesthetics. In case the client/model happens to have such an allergy against Lidocaine, Prilocaine, Benzocaine, Tetracaine or Epinephrine then she has to tell about that beforehand. Otherwise the service provider can take no responsibility regarding possible complications to the client. 

Formation of blisters or cold sores. In case the client/model has the skin with such tendency or tendency to form herpes simplex easily she has to acknowledge the fact that such may happen during the procedure.


Map Profiles
If a student has joined a course and accepted rules and regulations (by signing a document and / or registering an account with microblading.fi) she / he acknowledges that the profile and information on it is purely a creation of SharpBrows / ProBrows / Microblading.fi. She / he has no right to demand any changes. She / he may suggest changes. By joining a course she / he has given SharpBrows / ProBrows / Microblading.fi all rights to present her information on any sections of the map. She also has given the right to be placed into the section "Removed from the map" (or respective in different languages). She acknowledges that the  causes for being removed from the map range from: being untrustworthy, providing microblading procedure constantly for lower price than 250€ (or respective in USD or GBP), criticising other artists in public, being inactive, being incompetent etc. The student has accepted that she / he has no claims  SharpBrows / ProBrows / Microblading.fi  if being removed from the map and placed in the respective section. The student can be added back to the map if the issues are resolved and information supporting the wish of the artist to be on the map emerge. By accepting these terms and conditions the student also accepts that  SharpBrows / ProBrows / Microblading.fi will have no responsibility to give any explanations to the student about the reasoning her /his profile has been removed from the map. Nor will  SharpBrows / ProBrows / Microblading.fi have to enclose the customers, based on the opinion of whose such decisions have been made.  SharpBrows / ProBrows / Microblading.fi will not ask any financial contribution from the students that have been placed on the map. It is purely complimentary. 

Returns policy

ProBrows Europe OÜ
Tornimäe 5
Estonia
www.probrows.eu

Please feel free to contact us (info@probrows.com) with any questions you may have. We are here to help!


Using all learning environments of SharpBrows / ProBrows / Everyoung / Hyaluron Pen
If the student registers to use a learning environment of SharpBrows (i.e. microblading.fi) then by using the environment (when creating an account) the student accepts all TERMS of SERVICE here. The student is allowed to explore / use / view this material for her / his own purpose ONLY. The material can not be copied, nor presented in public in any way. The sole purpose of the access to such learning / training environment is to help the student to acquire knowledge about microblading and achieve the level of theoretical and practical skills needed to be awarded the SharpBrows Artist diploma. In case the student shares the information in public she / he is responsible for all the direct and indirect damage done by that action.

Using the promotional materials of SharpBrows / ProBrows
All sort of promotional material digital or graphical can only be used by certified SharpBrows artists and with a written consent from SharpBrows or it's representative. If such should occur, SharpBrows in entitled to compensation for all the direct and indirect damage done to its brand. Also the exact same applies to all the participants of courses. No participant may not start providing services on clients without the consent from the trainer. No services related to SharpBrows microblading can be advertised before receiving the certificate and a consent to do microblading on clients by the trainer. 

The Warranty Process
Before returning any product, you must contact ProBrows representative by phone or e-mail to obtain a return authorization.
Arrange and pay shipping the product to ProBrows Europe OÜ. We will ship back to you free of charge! Depending on the error, Everyoung/ SharpBrows / ProBrows / Microblading.fi. will investigate the error within 10 business days counting from the arrival of the product and fix it for free in case: a) the problem has occured due to correct use of the product, b) the information about the problem was sent by the client no later than within 6 months from purchasing the product.
Ensure that the returned product is clean and dry and in the original package before shipping. Dirty and/or foul products or products with a broken case (i.e brow extensions) may delay the process with an additional surcharge. 

Remember to include a note with your name, address and phone number AND, make sure to include a short statement explaining the warranty problem.




Arguments
All reclamations, questions, arguments and whatsoever between the client and the provider of products and classes (ProBrows Europe OÜ) will be solved under the laws of the Republic of Estonia. In case of an argument both parties have to solve the argument first over a meeting or having representatives meet. If that produces no results, an argument must be solved over en exchange of emails. If that too will produce no results all arguments are then taken to the court of law in Estonia (Harjumaa). During the solving of an argument both parties have to disclose the public of all the details of the argument. If one party fails to do that a compensation in the amount of ten times a course fee has to be paid to the opposite party. All sort of posts on the internet or social media are considered as public announcements and thus can be a breach of contract depending on their nature and content.SharpBrows (ProBrows Europe / It's representatives) are not allowed to mention the personal details of the student (name, exact age, location) when discussing the argument in public, however, herby ProBrows is allowed to mention the principal details of the argument.