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Terms of service

1. Introduction

Effective: December 20, 2022

These are the terms of service (“Terms of Service”) for your use of services, goods, or features in connection with the websites operated by Pangaea Laboratories Inc. d/b/a Medik8 (“Medik8,” “Pangaea,” “we,” “us,” or “our”) namely (i) us.medik8.com, (ii) medik8.com/us, (iii) medik8.us, (iv) us.pangaea.co.uk, (v) pangaea.co.uk/us, (vi) us.nanogen.com, (vii) nanogen.com/us, and (viii) nanogen.us (the “Websites”) and any related websites on sub-domains, extensions and locales that we own, and any related online platforms, social media, applications and software systems that we operate (together with the Websites, the “Sites”). These Terms of Service are applicable only to visitors, users, vendors, customers, merchants, and others, who currently reside in or select a shipping address in the United States or who access the Sites from the United States (“you” or “your”).

As described in the Medik8 Privacy Policy (USA), (the “Privacy Policy”), the Sites are not directed to anyone under the age of 13. You may only use the Sites if you are 13 years of age or older. If you are under the age of 18, your parent or legal guardian must agree to these Terms of Service on your behalf and you may register an account or shop on the Sites with permission from your parent or legal guardian. Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control predictions are commercially available and may assist you in limiting access to material that is harmful to minors.

THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

2. Acceptance of These Terms of Service

BY CHECKING THE BOX INDICATING YOUR AGREEMENT ON THE CHECKOUT PAGE, SELECTING “CHECKOUT,” SETTING UP AN ACCOUNT ON THE SITES, OR OTHERWISE USING THE SITES OR EXPRESSLY CONSENTING TO THE TERMS OF SERVICE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS OF SERVICE.

Please read these Terms of Service carefully. Please print and retain a copy for your records. We may, from time to time, modify these Terms of Service. When we make changes, we will post the revised Terms of Service on the Websites. Your use of the Sites following any such modification constitutes your agreement to the modified Terms of Service, except as otherwise provided. You should visit this page frequently to learn about any changes to these Terms of Service.

IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, OR ANY CHANGE THAT WE MAY SUBSEQUENTLY MAKE TO THESE TERMS OF SERVICE, YOU MUST IMMEDIATELY STOP ACCESSING THE SITES AND DISCONTINUE USING THE SERVICES PROVIDED BY MEDIK8.

3. Acceptable Use of the Sites

You are responsible for your use of the Sites, and for any use of the Sites through your account. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the Sites, you may not:

violate any law or regulation;
violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;
post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
send unsolicited or unauthorized advertising or commercial communications, such as spam;
engage in spidering or harvesting, or participate in the use of software, including spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software designed to collect data from the Sites;
transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
stalk, harass, or harm another individual;
impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;
use our Sites in any way or take any action that causes, or may cause, damage to the Sites or impairment of the performance, availability or accessibility of the Sites;
use any means to scrape or crawl any web pages contained in the Sites;
attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Sites;
attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Sites; or
advocate, encourage, or assist any third party in doing any of the foregoing.

If you engage in the above-mentioned prohibited conduct or otherwise breach these Terms of Service, Medik8 may, at its sole discretion, send you one or more formal warnings, temporarily suspend your access to the Sites or your account, block your access to the Sites, permanently prohibit you from accessing the Sites, permanently cancel your account and/or commence legal action against you pursuant to the Dispute Resolution and Arbitration Agreement below.

4. Intellectual Property Protection

Medik8® and Nanogen® are registered trademarks of Pangaea. Medik8, Nanogen, and other marks indicated on our Sites are trademarks or registered trademarks of Pangaea. All rights in such names are reserved.

Trademark. All rights in the product names, company names, trade names, graphics, logos, page headers, button icons, scripts, product packaging, trade dress and designs of all Medik8 or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Pangaea or their respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Sites confers on you any license or right under any trademark of Pangaea or any third party.
Copyright. Except for your User Content (defined below), all copyright rights in the text, images, photographs, graphics, user interface, music and other content provided on the Sites, and the selection, coordination, and arrangement of such content, are owned by Pangaea or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the Sites for any purposes. Nothing stated or implied on the Sites confers on you any license or right under any copyright of Pangaea or any third party.

The Sites and the information contained therein are for your personal, non-commercial use only. Except as otherwise specifically permitted in these Terms of Service, you will not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of the Sites, or use the contents of the Sites in litigation, or for any commercial or promotional purposes, without the express written consent of Pangaea or its lawful successors and assigns.

5. User Profile Information and Communications

When you set up a user profile on the Sites, Medik8 will require you to provide a password, a username, and other information such as your name, phone number, social media account details, user profile picture, before and after photos, and email address. You agree and represent that all of the information you provide to us is accurate and up-to-date. You are solely responsible for keeping your login information current and confidential. You may not transfer, sell, assign, or sub-license your user profile to any third party without our prior written approval. You are responsible for and agree to notify Medik8 of any breach of security on your account, including any loss or compromise of your username and password information. Medik8 will not be liable for losses incurred as a result of an unauthorized use of a password, or user profile.

When you use our Sites, or send emails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as emails, texts, mobile push notices, or notices and messages on the Sites, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Where required by applicable law, we will seek express prior written consent for marketing text messages or calls to you.

Any personal information that you provide to Medik8 will be collected, used, disclosed, or otherwise processed as described in the Privacy Policy.

6. User Content

The Sites may invite you to upload, submit, store, or send content and data (“User Content”) such as your user profile picture, product photos, before and after photos, or through product reviews, contests, or sweepstakes. You retain ownership of any intellectual property rights that you hold in that User Content.

When you upload, submit, store, send, or receive User Content to or through the Sites, you give us permission to reproduce and use your User Content as follows: You grant to us and those we work with a license to use, host, store, reproduce, modify, create derivative works (such as translations, adaptations, or other changes we make so that User Content works better with the Sites and our services) and to publicly perform, publicly display, and distribute your User Content. This license is for the purpose of operating, promoting, and improving the Sites and promoting Medik8, and for other purposes that Medik8 may determine in its sole discretion, including for the purposes of sharing on social media operated by Medik8. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. This license is fully paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights under this license anywhere in the world. Lastly, this license is perpetual, meaning that our rights under this license will continue even after you stop using the Sites.

You promise that you own all rights to your User Content or alternatively, that you have the right to give us the rights described above, and that your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.

By submitting User Content, in addition to any other rights which may be granted in any other agreement entered into between you and Medik8 and if you provide such information or content to Medik8, you irrevocably grant Medik8 and its successors, assigns, and licensees, the right to use your name, likeness, image, and biographical information in any and all media for any purpose, including, without limitation, advertising and publicity purposes, as well as in connection with the Sites and hereby release Medik8 from any liability with respect thereto.

We may refuse to accept or transmit User Content for any reason. We may remove User Content from the Sites for any reason.

7. Payment

You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other interaction with Medik8 at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions, or other interactions. If you choose to store your credit or debit card information for future use on the Sites, we may update your credit or debit card information automatically based on information provided by the issuing bank or card brands.

8. Digital Millennium Copyright Act (“DMCA”)—Infringement Complaint Procedures

Takedown Notices. If you believe that your work has been copied and posted on the Sites in a way that constitutes copyright infringement, please provide a written notice to our DMCA Agent with the following information:

(i) a description of the copyrighted work that you claim has been infringed;

(ii) a description of the material that you claim is infringing and a description of where the allegedly infringing material is located on the Sites (e.g., a URL);

(iii) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

(iv) your address, telephone number, and email address;

(v) a written statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, including fair use; and

(vi) a statement by you that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed.

Counter Notifications. If you are notified that material you posted is the subject of a takedown notice, and if you believe that the material is not infringing, you may submit a written counter notification to our DMCA Agent listed below. To be actionable, the written counter notification must include substantially the following information:

(i) your physical or electronic signature;

(ii) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

(iii) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and

(iv) your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Medik8 may be found, and that you will accept service of process from the person or entity who submitted the takedown notice or an agent of such person/entity.

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES. PLEASE NOTE THAT INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (E.G., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE OR REPORTS OF EMAIL ABUSE, ETC.) WILL NOT RECEIVE ANY RESPONSE.

Send all notice of claims of copyright infringement as well as counter-notices to Medik8’s DMCA Agent, who can be reached as follows:

Medik8 DMCA Agent
Pangaea Laboratories Inc. d/b/a Medik8
Address:
Pangaea Laboratories Inc. d/b/a Medik8
c/o Morgan, Lewis & Bockius LLP
1701 Market Street
Philadelphia, PA 19103
Phone: (215) 963-5000
Email: hello (at) medik8.us

** To help ensure expeditious processing, please include the following subject line in your email: “DMCA Takedown Notice” or, if appropriate, “DMCA Counter Notice”**

Repeat Infringer Policy. In accordance with the DMCA, Medik8 has adopted a policy of terminating, in appropriate circumstances and at Medik8’s sole discretion, account holders deemed to be repeat infringers due to our receipt of multiple DMCA notifications from content owners.

9. License and Sites’ Access

Medik8 grants you a limited, revocable, nontransferable, and nonexclusive license to access and make personal use of the Sites but not to download (other than page caching) or modify the Sites, or any portion of them, except with express written consent of Medik8. This license does not include any resale or commercial use of the Sites or their contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Sites or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders or similar data gathering and extraction tools.

Neither the Sites nor any portion of the Sites may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose, including use by resellers or bulk purchasers, without express written consent of Medik8. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Medik8 and its affiliates without express written consent of Medik8. You may not use meta tags or any other hidden text using Medik8 name or trademarks without the express written consent of Medik8. Any unauthorized use will immediately terminate the permission or license granted by Medik8.

10. Risk of Loss

All products purchased from the Sites are transported and delivered to you by an independent carrier not affiliated with, or controlled by, Medik8. Title to products purchased on the Sites, as well as the risk of loss for such products, pass to you when Medik8 (or Medik8’s service providers, or vendors, or other third parties providing delivery services on behalf of Medik8) delivers these items to the carrier. Any material downloaded or otherwise obtained through the use of the Sites is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.

11. Product Information and Order Acceptance

MEDIK8 ATTEMPTS TO BE ACCURATE IN DESCRIBING AND DEPICTING ITS PRODUCTS. WE DO NOT WARRANT THAT PRODUCT DESCRIPTIONS, DEPICTIONS, COLORS, DIMENSIONS, AVAILABILITY, OR OTHER CONTENT OR INFORMATION ON THE SITES ARE COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. ALTHOUGH WE MAKE OUR BEST EFFORTS TO ENSURE THAT ANY LIST OF INGREDIENTS ON THE SITES IS ACCURATE, FOR THE COMPLETE LIST OF INGREDIENTS PLEASE REFER ONLY TO THE LIST PROVIDED ON THE PRODUCT PACKAGING AS WE MAY UPGRADE OUR PRODUCTS FROM TIME TO TIME OR THE INGREDIENTS MAY SLIGHTLY VARY FROM ONE REGION TO ANOTHER DEPENDING ON APPLICABLE LAWS. PLEASE READ THE PRODUCT PACKAGING PRIOR TO USING OUR PRODUCTS TO ENSURE THAT THE INGREDIENTS ARE SUITABLE AND MEET YOUR EXPECTATIONS. PLEASE ALSO FOLLOW ALL PRECAUTIONS AND DIRECTIONS BEFORE USING THE PRODUCTS. IF A PRODUCT OFFERED BY MEDIK8 OR THE EXPERIENCE OR EXPECTATIONS FOLLOWING USE OF THE PRODUCT IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN THE PRODUCT UNDER THE TERMS OF OUR RETURN POLICY.

Unless otherwise stated, the prices displayed at the Sites are quoted in U.S. Dollars. Despite our best efforts, it is possible that items in our online catalog may be mispriced and pricing or other errors may occur. Although it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute acceptance of an order or an offer to sell a product or service. We reserve the right, without prior notice, to correct pricing errors, limit the order quantity on any item and/or refuse services to any customer in accordance with applicable law. If the correct price of an item is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel the order and notify you of the cancellation.

12. No Medical Advice

YOU UNDERSTAND AND AGREE that all material and information presented by Medik8, whether provided by us or other users or third parties, is intended to be used for personal, educational, or informational purposes only. The statements made about products have not been evaluated by the U.S. Food and Drug Administration and the results reported, if any, may not necessarily occur in all individuals. The statements and products are not intended to diagnose, treat, cure, or prevent any condition or disease. All products should be used strictly in accordance with their instructions, precautions, and guidelines. Use of the Sites is not in any way meant to serve as a substitute for professional medical advice. Please consult with your own physician or health care practitioner regarding the use of any goods, products, or information received from the Sites before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns, and decisions regarding the possible treatment of any medical condition. We do not give or intend to give any answers to medical questions and these Sites do not replace any medical professional or medical resource. Medik8 does not represent as a physician nor is this implied. No prescription medication or medical treatment is intentionally provided on the Sites. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.

Please note Pangaea’s social media accounts and any content posted there by us or others are not targeted at the audience in the United States. Therefore, to the extent you interact with Pangaea social media accounts, you understand and agree that no information provided on Pangaea’s social media accounts is meant to serve as medical advice and shall be construed that way under any circumstances.

13. Return Policy

When we are offering a 30-day Promotional Return Policy (as defined below), such policy will be displayed on the product pages on the Sites with the message “Easy 30-Day Returns.” Otherwise, the Standard Return Policy (as defined below) shall apply. The applicable return policy will be the one in force at the time of your order.

Promotional Return Policy. Purchase direct from Medik8 with confidence, and definitely no hassle. If you are unhappy with your purchase for any reason, we simply ask that you return any product to us at least half-full within 30 days after purchase. We ask that you follow the instructions on the product returns page, which may change from time-to-time but will always involve a reasonable requirement to obtain authorization from us for making a return. Please check the returns page before placing an order with us to ensure that you are satisfied with our return policy. Please remember, when returning any kit item (including any custom CSA kits), you must return the entire set. You will then receive a full product refund (to the same payment method used for purchase) or product exchange depending on your preference. After we, or our service provider, receive back your return, we will promptly issue you with a refund in accordance with the details on the returns page at the time you place your order (“Promotional Return Policy”).

We reserve the right to amend or cancel this Promotional Return Policy at any time at our sole discretion.

Standard Return Policy. Any returned item must be unopened and unused and in the state you received them, and in their original packaging with any paperwork. Returns will be processed within two (2) to three (3) weeks of receiving them. If you request a refund, we will refund the purchase price and any applicable taxes to the credit or debit card or other payment method with which you made your initial purchase. Please note that the items purchased during a sale or from our sale page are not eligible for any return or exchange. We reserve the right to refuse any return that does not meet our return requirements (“Standard Returns Policy”).

14. Accessibility

Medik8 is committed to providing the best user experience for everyone, including users with disabilities. To fulfill this promise, on the Websites, we aim to adhere as closely as possible to the World Wide Web Consortium’s Web Content Accessibility Guidelines 2.1. These guidelines explain how to make web content more accessible to people with a wide array of disabilities. Complying with those guidelines helps us provide the Websites in a manner that is accessible to all people.

Your feedback is welcome. If you have any questions about our accessibility features, please contact us:

• Email: hello (at) medik8.us

15. DISPUTE RESOLUTION & ARBITRATION AGREEMENT (“Arbitration Agreement”)

Scope of the Arbitration Agreement. Mindful of the high cost of legal disputes, not only in dollars but in time and energy, both you and Medik8 agree that any legal dispute between you and Medik8 concerning or arising in any way out of a purchase from the Sites, any communications between you and Medik8, or your participation in any other program or service provided by Medik8 shall be resolved through binding individual arbitration unless you opt out of this Arbitration Agreement using the process explained below. YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO SUE OR GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. However, either you or Medik8 may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim. The term “dispute” means any dispute, action, claim, or other controversy between you and Medik8 whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.

Informal Dispute Resolution. Either party asserting a dispute shall first try in good faith to resolve it by providing written notice as specified below to the other party describing the facts and circumstances (including any relevant documentation) and allowing the receiving party 30 days in which to respond. Notice shall be made by first class or registered mail (1) to Medik8, Attention: Legal Department, 730 Centennial Park, Elstree, Hertfordshire, WD6 3SZ, United Kingdom or (2) to you at the billing address on file with Medik8. Both you and Medik8 agree that this dispute resolution procedure is a condition precedent, which must be satisfied before initiating any arbitration against the other party.

Right to Opt Out of this Arbitration Agreement. You may opt out of this Arbitration Agreement within the first 30 days after the earliest of the first time you (a) make a purchase from the Sites; or (b) create an account or otherwise sign up for any program or service provided by Medik8. You may also opt out of this Arbitration Agreement within 30 days after we notify you regarding a material change to this Arbitration Agreement. You may opt out by sending an email to Medik8 to hello (at) medik8.us or by sending a letter to Medik8, Attention: Legal Department, 730 Centennial Park, Elstree, Hertfordshire, WD6 3SZ, United Kingdom. You should include your printed name, mailing address, and the words “Reject Arbitration.”

How Arbitration Works. Either party may initiate arbitration, which shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website at www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the dispute, the parties shall agree to, or the court shall select, another arbitration provider. Unless you and Medik8 agree to conduct arbitration by teleconference, videoconference, or otherwise, any arbitration hearing shall take place in Philadelphia, Pennsylvania. Except for a Dispute determined by the arbitrator to be frivolous or initiated in bad faith, Medik8 will pay all filing, administrative, arbitrator and hearing costs up to a total amount of $5,000 and waives any rights it may have to recover an award of attorneys’ fees and expenses against you.

Waiver of Right to Bring Class Action and Representative Claims. All arbitrations shall proceed on an individual basis. YOU AND MEDIK8 ALSO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER IN ARBITRATION ONLY IN YOUR OR THEIR RESPECTIVE INDIVIDUAL CAPACITIES AND IN SO DOING YOU AND MEDIK8 HEREBY WAIVE THE RIGHT TO A TRIAL BY JURY, TO ASSERT OR PARTICIPATE IN ANY CLASS ACTION LAWSUIT OR CLASS ACTION ARBITRATION, ANY PRIVATE ATTORNEY GENERAL LAWSUIT OR PRIVATE ATTORNEY GENERAL ARBITRATION, AND ANY JOINT OR CONSOLIDATED LAWSUIT OR JOINT OR CONSOLIDATED ARBITRATION OF ANY KIND. The arbitrator is empowered to resolve the dispute with the same remedies available in court, including public injunctive relief. If a court decides that the limitations of this particular paragraph regarding class action waiver are deemed invalid or unenforceable, any putative class, private attorney general, or representative action must be brought in a court of proper jurisdiction and not in arbitration.

Governing Law and Other Terms. This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act and other applicable federal law. To the extent state law applies to any aspect of this Arbitration Agreement, or to any disputes and claims that are covered by the Arbitration Agreement, the law of the state of your residence (determined by your billing address on filed with Medik8) will govern. Medik8 will provide notice of any material changes to this Arbitration Agreement. Except as set forth above with respect to the class action waiver, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement. Only the arbitrator is authorized to make determinations as to the scope, validity, or enforceability of the Arbitration Agreement, including whether any dispute falls within its scope. However, the parties agree that any issue concerning the validity of the class action/representative waiver above must be decided by a court, and an arbitrator does not have authority to consider the validity of the waiver. This Arbitration Agreement survives the end of the relationship between you and Medik8, including, without limitation, termination of your membership or participation in any Medik8 loyalty program or contest or promotion, cancellation or deletion of your Medik8 account, opt out of marketing, or end of participation in any Medik8 program or service.

16. Disclaimer of Warranties

YOU USE THE SITES AT YOUR OWN RISK. THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, MEDIK8 AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (COLLECTIVELY, “AFFILIATES”) DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.

IN PARTICULAR, MEDIK8 AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITES, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE SITES. MEDIK8 AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF THE CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITES; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (D) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITES; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITES BY ANY THIRD PARTY; OR (F) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE SITES.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS OF SERVICE.

17. Limitation of Liability

EXCEPT FOR A BREACH OF THESE TERMS OF SERVICE BY YOU (SUCH AS, FOR EXAMPLE, A COMMERCIAL USE OF THE SITES IN VIOLATION OF THESE TERMS OF SERVICE), A VIOLATION OF INTELLECTUAL PROPERTY RIGHTS OR INDEMNIFICATION OBLIGATIONS OR WITH RESPECT TO PRODUCTS OR SERVICES THAT WE PROVIDE TO A SPECIFIC CONSUMER FOR A FEE WHICH SHALL BE GOVERNED BY ITS OWN CONTRACTUAL TERMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL YOU OR MEDIK8 AND/OR ITS AFFILIATES (AS DEFINED), LICENSEES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, GOODWILL OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITES, THE DELAY OR INABILITY TO USE THE SITES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES AND/OR FUNCTIONALITY OF THE SITES, OR FOR ANY CONTENT, PRODUCTS OR SERVICES OBTAINED OR PURCHASED THROUGH THE SITES OR LINKED TO THE SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF MEDIK8 AND/OR ANY OF ITS AFFILIATES (AS DEFINED), LICENSEES, SUCCESSORS, OR ASSIGNS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN STATES AND JURISDICTIONS IN WHICH LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES ARE PROHIBITED, SUCH LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITES OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES. EXCEPT FOR A BREACH OF THESE TERMS OF SERVICE BY YOU (SUCH AS, FOR EXAMPLE, A COMMERCIAL USE OF THE SITE IN VIOLATION OF THESE TERMS OF SERVICE), VIOLATION OF INTELLECTUAL PROPERTY RIGHTS OR INDEMNIFICATION OBLIGATIONS OR WITH RESPECT TO PRODUCTS OR SERVICES THAT WE PROVIDE TO A SPECIFIC CONSUMER FOR A FEE WHICH SHALL BE GOVERNED BY ITS OWN CONTRACTUAL TERMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL YOUR OR OUR TOTAL LIABILITY FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE SITES OR $50.00 (WHICHEVER IS LESS).

UNDER NO CIRCUMSTANCES WILL MEDIK8 AND/OR ANY OF ITS AFFILIATES (AS DEFINED), LICENSEES, SUCCESSORS, OR ASSIGNS BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SITES, YOUR DATA OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. WE RESERVE THE RIGHT AT ALL TIMES TO DISCLOSE ANY INFORMATION THAT WE DEEM NECESSARY TO COMPLY WITH ANY APPLICABLE LAW, RULE, REGULATION, LEGAL PROCESS, OR GOVERNMENTAL REQUEST. YOU WAIVE AND HOLD HARMLESS MEDIK8 AND ITS AFFILIATES (AS DEFINED), LICENSEES, SUCCESSORS, AND ASSIGNS FROM ANY CLAIMS RESULTING FROM ANY ACTION RELATING TO YOUR ACCOUNT OR TAKEN AS A RESULT OF ANY SUCH DISCLOSURE. MEDIK8 MAKES NO REPRESENTATION THAT THE SITES ARE APPROPRIATE OR AVAILABLE FOR USE AT LOCATIONS OUTSIDE OF THE UNITED STATES. ACCESS TO THE SITES FROM TERRITORIES WHERE SUCH SERVICES ARE ILLEGAL IS STRICTLY PROHIBITED. IF YOU ACCESS THE SITES FROM A LOCATION OUTSIDE OF THE UNITED STATES, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL LOCAL AND OTHER APPLICABLE LAWS.

Certain states or jurisdictions such as the State of New Jersey, do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply and you may have additional rights. To the extent we may not, as a matter of applicable law, disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.

18. Indemnification

You agree to defend, indemnify, and hold harmless Medik8 and its Affiliates, successors and assigns, and its and their respective directors, officers, employees, agents, co-branders, or other partners from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable attorney’s fees and other legal expenses, and judgments of any kind of nature, incurred by Medik8 arising out of or relating to your use, or anyone using your account’s use, of the Sites, your violation of these Terms of Service, or your violation, or anyone using your account’s violation, of any rights of another.

CALIFORNIA RESIDENTS: YOU EXPRESSLY WAIVE CA CIVIL CODE §1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

19. Waiver and Severability

No waiver by Medik8 of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition and any failure of Medik8 to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms of Service shall continue in effect.

20. Assignment

These Terms of Service and any rights and licenses granted hereunder may not be transferred or assigned by you. We may assign our rights under these Terms of Service without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

21. Admissibility

A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that these Terms of Service and all related documents be drawn up in English.

22. Promotions

Any sweepstakes, contests, raffles, or other promotions (collectively, “Promotions”) made available through the Sites may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as the Privacy Policy. If the rules for Promotions conflict with these Terms of Service, the Promotion rules will be applicable to Promotions.

23. Cancellation or Suspension of the Sites or Your Account

We may suspend, cancel, and/or edit your account details at any time at our sole discretion and without notice or explanation. You may cancel your account on our Sites but logging in and using the account details feature or by making your request in writing.

Medik8 may discontinue the Sites, including any feature or service offered through the Sites, at any time and for any reason, without notice. We may change the contents, operation, or any and all other features of the Sites at any time for any reason, without notice. We may discontinue or restrict your use of the Sites at any time for any reason, without notice.

23. E - Gift Cards

We sell digital gift vouchers ("E-Gift Cards") subject to acceptance of these Terms of Service. E-Gift Cards are issued by Pangaea Laboratories Inc. and we are the sole obligor to the E-Gift Card owner distributed at www.us.medik8.com. Our E-Gift Cards can only be used to purchase our products from www.us.medik8.com by residents of the United States of legal age to make a purchase.

Our E-Gift Cards cannot be:

i) returned or canceled;

ii) used for payment outside of us.medik8.com;

iii) redeemed for cash or vouchers, except where required by law;

iv) topped up or resold;

v) transferred from one Pangaea account to another;

vi) purchased with coupons or promotional offers;

vii) used by any third party in connection any marketing, advertising, or other promotional activities; or

viii) used to buy other gift cards or similar stored value products.

E-Gift Card Delivery. Purchases of E-Gift Cards will be confirmed by email to the email address notified to us at the time of purchase once the transaction has been processed. The email will set out the value of the E-Gift Card, its expiry date and will contain a link to the unique code required to use the E-Gift Card at checkout in order to redeem the E-Gift Card. E-Gift Cards can be forwarded to the intended recipient by email but will be delivered to the email address as notified to us during the purchase process. You must alert the recipient of the E-Gift Card to these Terms of Service. Purchases made using the E-Gift Card will be subject to the Terms of Service current at the time the purchase is made.

E-Gift Card payment failure. If for any reason payment is not made by your bank or card company for the initial purchase of the E-Gift Card or there is any charge back requested by you the E-Gift Card and its value will be canceled.

E-Gift Card Value. The value of any purchases made using the E-Gift Card will be deducted from the value on the E-Gift Card. Any remaining balance can be used for future purchases. You can check the balance on any E-Gift Card by using the link in the email which you receive to activate the E-Gift Card.

E-Gift Cards Expiry / Fees / Purchase Limits. Our E-Gift Cards do not expire and there are no fees for their use. If a purchase exceeds your balance, the remaining amount must be paid by a credit or debit card or other payment method accepted by us. The maximum value that can be associated with any one E-Gift Card is $2,000 and total purchases by any one individual may not exceed $10,000 per day.

Refunds. If any purchase made using an E-Gift Card is canceled in accordance with any applicable refund policy and the total purchase price has been paid using an E-Gift Card, any refund will be applied to that E-Gift Card. Where that price has been paid using an E-Gift Card and a credit or debit card the refund will be applied to the E-Gift Card and the relevant payment card on a pro-rata basis to the amounts paid using those differing methods.

Lost or Stolen Gift Cards. E-Gift Cards have cash value and should be safeguarded accordingly. The recipient of an E-Gift Card is responsible for its safekeeping and proper use. We do not accept responsibility for any E-Gift Card which is undeliverable, sent to an incorrect email address or which is lost, stolen or deleted. Ownership and risk of loss of our E-Gift Cards passes to you as soon as we send it. It is your responsibility to provide a correct email address. If you suspect that someone has stolen your E-Gift Card, contact customer services immediately.

Privacy. When using an E-Gift Card to purchase any products certain personal information will need to be provided during the ordering process. Any personal data that is provided during the purchase process or in connection with the use of an E-Gift Card may be stored in our database. Please see our privacy policy which governs how we collect, store, use and process these various kinds of personal data.

Failed Delivery. From time to time E-Gift Cards can get caught up in spam filters and the recipient should make sure that they check these filters. We do not accept responsibility for any E-Gift Card that cannot be delivered to the email address which you supplied to us due to spam filters, firewalls or other security measures operating on the relevant computer systems or devices, the capacity of their mailbox or any other reason outside our control.

Limitation of Liability. PANGAEA AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO E-GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IF AN E-GIFT CARD CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH E-GIFT CARD. CERTAIN STATE LAWS SUCH AS NEW JERSEY DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Violation of our Terms of Service. You agree to not use E-Gift Cards in any manner that is misleading, deceptive, unfair, or otherwise harmful to Pangaea, its affiliates including Pangaea Laboratories Inc., or their customers. We reserve the right, without notice to you, to void E-Gift Cards (including a portion of your E-Gift Cards balance or particular E-Gift Cards purchase) without a refund, suspend or terminate customer accounts, suspend or terminate the ability to use our services, cancel or limit orders, and bill alternative forms of payment if we suspect that an E-Gift Card is stolen, obtained by fraud, obtained used, or applied to a Pangaea account fraudulently, unlawfully, or otherwise in violation of these Terms of Service.

E-Gift Cards Contact Information. If you need assistance please contact us via the details set out below. Please have your order number and email address to hand.

25. Entire Agreement

These Terms of Service and the other agreements referred to herein constitute the sole and entire agreement between you and Medik8 with respect to the Sites and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Sites.

26. Contact Information

If you have any questions or comments about these Terms of Service, please feel free to contact us at:

Email: hello (at) medik8.us

Address:
Pangaea Laboratories Inc. d/b/a Medik8
258 Marlborough Street
Boston, MA
02116
USA

Privacy policy

Privacy policy

1. Introduction

Effective Date: January 1, 2023

This privacy policy (the “Privacy Policy”) describes the types of information collected by Pangaea Laboratories Inc. d/b/a Medik8 (“Medik8,” “Pangaea,” “we,” “us,” or “our”) in connection with our websites operated in the United States, namely (i) us.medik8.com, (ii) medik8.com/us, (iii) medik8.us, (iv) us.pangaea.co.uk, (v) pangaea.co.uk/us, (vi) us.nanogen.com, (vii) nanogen.com/us, and (viii) nanogen.us (the “Websites”) and any related websites on sub-domains, extensions, and locales that we own, and any related online platforms, social media, applications and software systems that we operate (together with the Websites, the “Sites”). The Privacy Policy is applicable only to visitors, users, vendors, customers, merchants, and others, who currently reside in or select a shipping address in the United States or who access the Sites from the United States (“you” or “your”).

By accessing the Sites on any computer, mobile phone, tablet, or other device (collectively, “Device”), making a purchase from us, expressly agreeing to the Privacy Policy, or otherwise interacting with us through the Sites, you agree to the terms of the Privacy Policy. If you do not agree to the Privacy Policy, please do not use the Sites.

We may modify the Privacy Policy at any time, and will post the current version on the Websites as further detailed in the “Changes to the Privacy Policy” section below. We encourage you to periodically review the Privacy Policy to stay informed about how we are using the information we collect.

2. Collection, Use, and Disclosure of Personal Information

The following table sets forth the categories of personal information we collect from you, the source of that personal information, and how we use and share such personal information.

Category of Personal Information Collected	Source of Information	Purpose for Our Collection	Categories of Third-Party Recipients (other than Medik8)
Contact information: Such as your first name, maiden name, last name, billing address, delivery address, email address, telephone numbers, or other contact information	From you	To fulfill your requests for products and services, respond to your inquiries, send you a confirmation email when you make a purchase, send you catalogs, information, promotional materials and other offerings, when you contact us or request customer service or support	Our service providers
Other identifiers: Such as your username, date of birth, gender, and age	From you	To fulfill your requests for products and services and provide you with product information and offers that may be of interest to you	Our service providers
Purchase and order information: Contact information, together with purchase details online and in store through e-receipts, delivery details, payment details, and any communications we have received about your order or purchase	From you	To validate, confirm, verify, deliver, install, and track your order, including to arrange for shipping, handle returns and refunds, maintain a record of the purchases you make, to service products you purchased from us, and to provide you offers that may be of interest to you	Our service providers who process, fulfill, and ship orders
Other delivery information: Name and address of recipient for delivery, if different from customer’s	From you	To deliver to the person at the address which you have requested	Our service providers who process, fulfill, and ship orders
Payment information: Name, card issuer and card type, credit or debit card number, expiration date, CVV code and billing address	From you and your payment card issuer	To check that the right person is using the right card or account, meet the requirements of the card brands or account issuers, and make sure we are paid for what you buy	Our service providers who process payments for us and who are contractually required to comply with laws and requirements applicable to payment processing, which may include the Payment Card Industry Data Security Standard (PCI-DSS), a security standard developed and maintained by the Payment Card Industry Security Standards Council
Legal information: Fraud checks or flags raised about your transactions, the payment card you want to use, payment card refusals, suspected crimes, complaints, claims and accidents	From you, the police, crime and fraud prevention agencies, payment card providers, the public, regulators, your and our professional advisors and representatives	To protect you, other customers and our business against criminal activities and risks, make sure we understand and can meet our legal obligations to you and others and can defend ourselves	Our service providers who help us with fraud protection and credit risk reduction, and law enforcement and other governmental authorities in accordance with applicable law
Preference information: Your marketing preferences, your account settings (including any default preferences), any preferences you have indicated, the types of services/offers that interest you, the areas of our Sites that you have visited or ways that you interact with our Sites	From you, and from our Site technology’s interaction with your browser/Device and cookies and other similar technologies tracking the pages you visit, the marketing messages you open and the links you follow	To enhance your online shopping experience, including as a way to recognize you and welcome you to the Sites, to provide you with customized Site content, targeted offers, promotions and advertising on the Sites that might be of interest to you	Our third-party vendors and service providers that perform website analytic services for us such as Google Ads or enable the customization of offers to you to improve your shopping experiences through our Sites
Communications: Communications we have with you through the Sites, by email, or otherwise. Please note that we record calls to our customer service team	From you	To handle your requests, to contact you when necessary or requested, including responding to your questions and comments and providing customer support, and to obtain customer feedback and improve our customer service and customer shopping experience	Our service providers who assist us with customer service
Voluntary information: Any voluntary information you provide us with, by any means including by email, such as responses to surveys or competitions, your health details or philosophical beliefs, information related to a complaint of an adverse reaction to any of our products, or when you post a product review, question, answer, or other information on the Sites	From you and your social media account provider	To know you better, make our communications with you more personal, learn and improve from your survey feedback, organize events and pick competition winners	Our service providers who administer surveys and promotions
Photographs and Biometric information: Such as your photos and pictures, including your profile picture and before and after pictures related to your use of our products	From you when you upload them to the Sites or otherwise share with us, including through email or social media	To better understand your needs for our products and services and evaluate any adverse reaction to any of our products	Our service providers; to other current and potential customers when we repost photographs in social media posts or use in marketing
Personalization: Your journey online and how you use our Sites, whether and when you open our marketing emails and respond to our advertisements	From you, and from our Site technology’s interaction with your browser or Device and cookies tracking the pages you visit	To improve our Sites, products and services, customer service, and customer shopping experience	Our third-party vendors and service providers that perform website analytic services for us or enable the customization of offers to you to improve your shopping or website experience for our Sites
Device information: IP address, internet provider, operating system and browser used, type of device (such as laptop or smart phone), Device cookie settings and other Device details (such as MAC address and geolocation)	From you and from the Website technology’s interaction with your browser or Device	To make sure the Websites’ technology works properly with your Device and make sure you can see and use the Websites on the Device you are using, for analytical and demographic purposes, and to provide offers that may be of interest to you We will also use this information to protect the security and integrity of the Websites and our business, such as by protecting against and preventing fraud, unauthorized transactions, and managing risk exposure, including by identifying potential hackers and other unauthorized users	Our service providers who help us with fraud protection, and third-party vendors and service providers that perform website analytic services for us or enable more relevant offers to you on the Websites
Information automatically collected from your browser: When you use the Websites, some data is automatically transferred from your browser to our server, including your browser type, operating system type or mobile device model, viewed webpages, links that are clicked, IP address, mobile device identifier or other unique identifier, sites or apps visited before coming to the Websites, the amount of time you spend viewing or using the Websites, the number of times you return, or other clickstream or Website usage data, emails we send that you open, forward, or click through to the Websites	From you and from the Website technology’s interaction with your browser or Device	We will use this information in an aggregated non-specific format for analytical and demographic purposes We also will use this information to protect the security or integrity of the Sites and our business, such as by protecting against and preventing fraud, unauthorized transactions, and managing risk exposure, including by identifying potential hackers and other unauthorized users	Our third-party vendors and service providers that perform website analytic services for us or enable the customization of offers to you to improve your shopping or website experience and the relevance of offers to you on the Websites
Suspected crime information: Details of your identity, image, name and address, suspected or alleged thefts, fraud, assault or other criminal behavior	From crime and fraud prevention agencies, from you, witnesses, and from the police	To protect customers, the public and our business against risks and crime, to prevent loss, to prosecute crime, and to defend ourselves	Law enforcement and other governmental authorities in accordance with applicable law, and our professional advisors

Aggregated personal information does not personally identify you or any other user of the Sites. We may use aggregated personal information such as statistical or demographic information for any purpose, including for statistical analysis and research.

3. Additional Purposes for Using Personal Information

In addition to the uses set forth in the “Collection, Use, and Disclosure of Personal Information” section above, we may use and share the categories of personal information identified above:

To comply with applicable legal and regulatory requests and obligations (including investigations).
To establish or defend legal claims and allegations.
For security or the prevention, detection, or investigation of fraud, suspected or actual illegal activity, violations of company policy or rules, or other misconduct.
To seek advice and consultation from lawyers, auditors, insurance companies, and other professional advisers.
With potential or actual purchasers of all or part of our business in connection with a business transaction.

4. Cookies & Other Tracking Tools

As described in the table in the “Collection, Use, and Disclosure of Personal Information” section above, when you visit the Sites, we may collect certain information from you automatically, such as your Internet Protocol (IP) address, MAC address, browser type, operating system, device-identifying information, the specific web pages visited during your connection, and the domain name from which you accessed the Websites. In addition, we may collect information about your browsing behavior, such as the date and time you visit the Websites, the areas or pages of the Websites that you visit, the amount of time you spend viewing the Websites, the number of times you return to the Websites and other clickstream data.

Like many commercial websites, we collect this information through what is known as "cookie" technology or similar tracking tools on the Websites. A cookie is a small text file that is placed on your computer when you access the Websites and allows us to recognize you each time you visit the Websites. We may use cookies to: (1) allow you to use the Websites without having to re-enter your user name and password; (2) enhance or personalize your usage of the Websites and shopping experience on the Websites; (3) monitor usage of the Websites; (4) manage the Websites; and (5) improve the Websites and our products and services, including providing you with interest-based ads. For more information on our advertising, see “Interest-Based Advertising” below.

If you choose, you can set your browser to reject cookies or you can manually delete individual cookies or all of the cookies on your computer by following your browser’s help file directions. However, if your browser is set to reject cookies or you manually delete cookies, you may have some trouble accessing and using some of the pages and features that are currently on our Websites, or that we may put on our Websites in the future. Note that browser-management tools for cookies are outside of our control and we cannot guarantee their effectiveness.

We may combine the information we collect through cookies or other tools with other information we have collected from you or information from other sources.

5. Interest-Based Advertising

We may use third-party advertising companies and platforms such as Google Ads that use tracking technologies to serve our advertisements across the Internet. These advertising companies serve ads on behalf of us and others on nonaffiliated sites, and some of those ads may be personalized, meaning that they are intended to be relevant to you based on your search history or other information collected elsewhere over time.

If you would like more information about this practice and to know your choices concerning interest-based ads, visit: https://optout.networkadvertising.org/ or https://youradchoices.com/control.

6. Retention of Your Personal Information

We may retain your personal information for as long as necessary to fulfill the purpose for which it was collected or to comply with legal or regulatory requirements. We strive to retain your personal information no longer than is reasonably necessary to carry out the purposes listed in this Notice or as required by law.

7. Security

We maintain reasonable and appropriate measures designed to maintain information we collect in a secure manner. We have taken certain physical, electronic, and administrative steps to safeguard and secure the information we collect from visitors to the Sites. Even though we follow reasonable procedures to try to protect the information in our possession, no security system is perfect and we cannot promise, and you should not expect, that your information will be secure in all circumstances.

8. Children

The Sites are not directed to children under the age of 13 and we do not knowingly collect any personal information from children under the age of 13. If you believe that a child under the age of 13 has provided personal information to us, please contact us promptly as described in the “Contact Us” section below, and we will endeavor to investigate and delete such information from our systems.

9. Third-Party Websites and Accounts

The Sites may contain links to third-party websites, such as social media sites like Instagram, Facebook, and YouTube, which may have privacy policies that differ from our own. We are not in any way responsible for the activities and practices that take place on these websites. Accordingly, we recommend that you review the privacy policy posted on any external site before disclosing any personal information. Please contact those websites directly if you have any questions about their privacy policies.

You may choose to create accounts on websites or platforms owned or controlled by third parties to purchase our products. These third parties may use your information for their own purposes, including for behavioral advertising and analytics purposes. We do not control and are not responsible for the collection, use or other processing of your information by these third parties through the accounts you create with them. Please refer to their privacy policies to learn about how they handle your personal information.

10. Changes to the Privacy Policy

We may change the Privacy Policy from time to time, including as required to keep current with rules and regulations, new technologies, and security standards. When we do, we will post the change(s) on the Websites. If we change the Privacy Policy in a material and retroactive manner, we will provide appropriate notice to you.

11. Your California and Other State Privacy Rights

If you are a resident of California or, where and when applicable, Connecticut, Colorado, Utah, or Virginia, you have the following rights with respect to your personal information:

The right to know what categories or specific personal information we have collected, used, disclosed, and sold about you. To submit a request to know, you may contact us as described below under Contact Us. You also may designate an authorized agent to make a request for access on your behalf.
The right to request that we correct inaccurate personal information that we maintain about you. To submit a request for correction, you may contact us as described below under Contact Us. You may also designate an authorized agent to make a request for correction on your behalf.
The right to request that we delete any personal information we have collected about you. To submit a request for deletion, you may contact us as described below under Contact Us. You also may designate an authorized agent to make a request for deletion on your behalf.
You have the right to opt-out of the sale of your personal information or the sharing of your personal information for cross-context advertising—however, Medik8 does not sell or share your personal information (and has not done so for the 12-month period prior to the effective date of the Privacy Policy) as we understand the requirements of applicable law.

When you exercise these rights and submit a request to us, we will verify your identity by asking you to log in to your account if you have one with us. If you do not have an account with us, we may ask for information such as your email address, order numbers of your previous orders, the last four digits of a credit or debit card or a bank account number used to make a purchase, or the date of your last purchase. We also may use a third-party verification provider to verify your identity.

You have the right to appeal any decision or action that we take related to the above-described privacy rights. If you believe that Medik8 has failed to take appropriate action in response to your privacy rights request or you believe that we have denied your request improperly, you may appeal by contacting us as described below under Contact Us.

Your exercise of these rights will have no adverse effect on the price and quality of our goods or services.

If you are a California resident, you may request information about our disclosure of personal information to third parties or affiliated companies for their direct marketing purposes. To make such request, please contact us as set forth in the “Contact Us” section below. Please allow up to 30 days for us to process your request. You may submit such a request once (1) per year.

12. Right to Removal of Posted Information—California Minors

If you are under 18 years of age, reside in California, and have a registered account with us, you have the right to request removal of unwanted information that you publicly post on the Sites. To request removal of such information, you can contact us as set forth in the “Contact Us” section below. Upon receiving such a request, we will make sure that the information is not publicly available on the Sites, but the information may not be completely or comprehensively removed from our systems and databases.

13. Visitors from Outside the United States—Cross-Border Transfer

The Sites are intended for use of residents of the United States. If you are visiting the Sites from outside the United States, you understand and agree that your personal information may be transferred to, stored, and processed in the United States or other countries in accordance with the Privacy Policy. The data protection and other applicable laws of the United States or other countries may not be as comprehensive as those laws or regulations in your country or may otherwise differ from the data protection or consumer protection laws in your country. Your information may be available to government authorities under lawful orders and law applicable in such jurisdictions. By using the Sites and/or providing personal information to us, you consent to the transfer of your information to the United States or other countries as described in the Privacy Policy.

13. Contact Us

If you have questions or concerns about the Privacy Policy or how we collect and use the information of our customers, you can contact us by

emailing us at privacy (at) medik8.us,
postal address at Pangaea Laboratories Inc. d/b/a Medik8, 258 Marlborough Street, Boston, MA 02116 USA; ATTN: Privacy Request, or
telephone at +44 (0)20 8458 2500.

If we need, or are required, to contact you concerning any event that involves your information, we may do so by email, telephone, or mail. If you make a purchase, we will send you a confirmation email.

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