Hair Professional Terms of Use

If you are a Hair Care Professional who has customers who are considering using Colourstart to assist them in deciding whether to use hair colour and they are using the Colourstart screening protocol, you should register as a Hair Care Professional on this Site so that relevant customers can authorise Trichocare to pass the results of any Colourstart Patch that they record though the Colourstart Passport Site, to You.

Please read these terms and conditions and the Information for User carefully before using this site

The purpose of this site is to enable a Hair Care Professional (whose customers are Colourstart Passport Users) to access the results of Colourstart Patches recorded by Colourstart Passport Users, who have designated such Hair Care Professional as an Authorised Hair Care Professional, on the Colourstart Passport Site.

Colourstart Passport does not and is not intended to diagnose, prevent, monitor, treat or alleviate disease. Colourstart Passport is not a UK Medical Device under Regulation 2002 (SI 2002 No 618, as amended) (UK MDR 2002).

About Colourstart Test 65mcg Cutaneous patch. Colourstart Patch contains p-phenylenediamine (PPD) and is a screening test for allergy to hair colour (PPD). Always read the label. You do not need a prescription to obtain it but, as with all medicines, care should be taken when using it. Always read the label and the Patient Information Leaflet (PIL) before use.

Terms of Use

These Terms of Use (“Terms of Use“) (together with the documents referred to in it) set out the terms under which You may access or use app.colourstart.com from time to time(“Site”).

These Terms of Use, will apply to Your use of the Site and by using the Site and/or having Hair Care Professional User account, You (You) confirm that You accept these Terms of Use and that You agree to comply with them. Accordingly please read them carefully before You start to use the Site.

Trichocare Diagnostics Limited (“We” or “Trichocare“) may revise these Terms of Use at any time by posting an updated version on this Web page. You should visit this page periodically to review the most current Terms of Use because they are binding on You.

In these Terms of Use:

Authorised Hair Care Professional means in relation to a Colourstart Passport User, a Hair Care Professional:

(i) that is registered with Trichocare to receive the results of Colourstart Patches in relation to customers of such Hair Care Professional who use Colourstart Passport Services; and

(ii) to which the Colourstart Passport User in question has directed Trichocare to give the result of his/her Colourstart Patches.

Colourstart Passport Result means in relation to Colourstart Passport User the Red Result(s) or Green Result(s) recorded for such person on the Colourstart Passport Site.

Colourstart Passport Questionnaire means the questionnaire on the Colourstart Passport Site that a Colourstart Passport User can use to assist him/ her in determining whether it is appropriate for him or her to use the Colourstart Patch.

Colourstart Passport Site means app.colourstart.com

Colourstart Passport User means a consumer who is registered to use the Colourstart Passport Site to assist him/her in determining whether to use the Colourstart Patch and to record the result of the use of the Colourstart Patch on him/her.

Colourstart Patch means Colourstart® Test 65 mcg Cutaneous Patch;

Green Result means in relation to a Colourstart Passport User who is intending to have his/ her hair coloured with hair colorant and is using the Colourstart Passport Site to assist him or her in determining whether he/she is likely to have an allergic reaction to PPD in hair colorant:

(i) the result of the Colourstart Passport Questionnaire, based on the information recorded by the Colourstart Passport User, has not indicated that the Colourstart Patch is not appropriate for use by such person; and

(ii) the result of the Colourstart Patch recorded by such person on the Colourstart Passport Site has indicated that no sensitivity to PPD was identified by the Colourstart Patch.

Hair Care Professional means anyone in the United Kingdom using hair colour as part of a professional service and includes barbers, beauty therapists and hairdressers trading as a business;

Hair Care Professional Services means access to the Result of any Colourstart Patch or Colourstart Passport Questionnaire recorded though the Colourstart Passport Site by a Colourstart Passport User for which such Hair Care Professional has been designated as an Authorised Hair Professional User.

IFU means Instructions for Use of Colourstart® Test 65 mcg Cutaneous Patch;

Red Result means in relation to a Colourstart Passport User that either:

(i) such persons responses to the Colourstart Passport Questionnaire have indicated that the Colourstart Patch is not appropriate for use by such person because the results of the questionnaire have identified a propensity for such person to be sensitive to PPD or identified a factor relating to that person that indicates that the use of the Colourstart Patch by that person is not appropriate for example because the person is pregnant or breast feeding; or

(ii) such person has used the Colourstart Patch and it has indicated that such person has a sensitivity to PPD and accordingly hair colorant should not be used on such person.

1. Hair Care Professional Services

Through the Site, Hair Care Professional users may, subject to registration access Hair Care Professional Services by registering as a Hair Care Professional user (Hair Care Professional User) on the Site to receive such services.

2. Registration to use the Site

You can register as a Hair Care Professional User to use the Site subject to the Terms of Use. You may only be a Hair Care Professional User if You are using the site for the purpose of receiving Hair Care Professional Services.

Trichocare reserves the right to terminate the registration of any Hair Care Professional User in its absolute discretion.

3. Who we are and how to contact us

a. app.colourstart.com is a site operated by Trichocare Diagnostics Limited. We are registered in England and Wales under company number 09688492 and have our registered office at 5 Beaumont Gate, Shenley Hill, Radlett, Hertfordshire, United Kingdom, WD7 7AR. Our main trading address is Worlds End Studios, 132-134 Lots Road, London, SW10 0RJ. Our VAT number is 814027266.

b. We are regulated by the Medicines and Healthcare products Regulatory Agency.

c. We are a limited company.

d. To contact us, please email contact@colourstart.com or telephone our customer service line on +44 (0) 1525 288 881.

4. Other Applicable Terms

These Terms of Use refer to the following additional terms, which also apply to Your use of our site:

  • Our Privacy Policy, which sets out the terms on which we process any personal data we collect from You, or that You provide to us. By using the Site, You consent to such processing and You warrant that all data provided by You is accurate.
  • Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of the Site. When using the Site, You must comply with this Acceptable Use Policy.
  • Our Cookie Policy, which sets out information about the cookies on our site.

5. Changes to these Terms of Use

We amend these terms from time to time. Every time You wish to use our site, please check these terms to ensure You understand the terms that apply at that time.

6. Changes to the Site

We may update and change our site from time to time to reflect changes to the developments of the Colourstart patch, legal and regulatory requirements, our users’ needs and our business priorities.

However, please note that any of the content on the Site may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that the Site, or any content on it, will be free from errors or omissions. We rely on each Colourstart Passport User to: (i) record on the Colourstart Passport Site true, accurate and complete answers to each of the questions in the Colourstart Passport Questionnaire; (ii) use the Colourstart Patch correctly in accordance with the IFU; and (iii) to ensure the Colourstart Passport Results entered for him/her on the Colourstart Passport Site are true accurate and complete.

7. Accessing the Site

The Site is made available free of charge.

We do not warrant that the Site, or any content on it, will always be available or be uninterrupted nor do we warrant error free operation of the Site or services. We shall use reasonable endeavours to keep the Site up to date but shall not be responsible if for reasons beyond our reasonable control we are not able to do so. Access to the Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Site for business or operational reasons. We will try to give You reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access the Site through Your internet connection or Your registration are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

The Site is directed to people residing in United Kingdom. Whilst the information on this Site can be accessed by users outside United Kingdom, the information on it is only intended for use by persons who are resident in United Kingdom.

8. Viruses and technology

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring Your information technology, computer programmes and platform to access our site. You should use Your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, You would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing Your identity to them. In the event of such a breach, Your right to use our site will cease immediately.

9. Intellectual Property

Trichocare is the owner or the licensee of all intellectual property rights contained in the Site, the Hair Care Professional Services and in the material published on the Site. The contents of the Site and Hair Care Professional Services – including logos, text, graphics, images, information, icons, software, files and other content (collectively, “Trichocare Content“), are protected by copyright laws, trademark laws and other laws. All such rights are reserved to Trichocare.

Trichocare authorises You, subject to these Terms of Use, to access and use:

a) the Site; and

b) the Hair Care Professional User Services (if You are registered as a Hair Care Professional User);

c) and to download and print the content available for You as an Authorised Hair Care Professional Users on or from the Site solely for Your use, subject to these Terms of Use, if You are registered on the Site as a Hair Care Professional User.

All Trichocare Content is the property of Trichocare or its licensors and its use otherwise than in accordance with any authority given in these Terms of Use (or otherwise expressly given by Trichocare in writing) is strictly prohibited. You must preserve all copyright, trademark, service mark and other proprietary notices contained in the original Trichocare Content on any authorized copy You make of the Trichocare Content and You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. To the extent You allow a third party to access any Trichocare Content You shall ensure they are aware that the intellectual property rights in such material are the property of Trichocare and are reserved to it.

You agree not to sell, misuse, modify the Trichocare Content or reproduce, display, distribute, or otherwise use the Trichocare Content in any way for any public or commercial purpose or in any manner that may cause confusion among consumers, that disparages or discredits Trichocare or its licensors, that dilutes the strength of Trichocare’s or its licensor’s property, or that otherwise infringes Trichocare’s or its licensor’s intellectual property rights.

Our status (and that of any identified contributors) as the authors of content taken from the site shall always be acknowledged to the extent the User copies it to any third party or shows it to any third party.

You must not modify the paper or digital copies of any materials You have printed off or downloaded in any way, and You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

If You print off, copy or download any part of the Site in breach of these Terms of Use, Your right to use the Site will cease immediately and You must, at our option, return or destroy any copies of the materials on the Site You have made.

10. Use of the Hair Care Professional Services.

The Colourstart Passport Results of a Colourstart Passport User may only be accessed and/or used by his/ her Authorised Hair Care Professional(s).

As a condition of using the Site and Hair Care Professional Services You undertake not to:

a) transmit, post, distribute, store or destroy material in violation of any applicable law or regulation or in breach of Trichocare’s privacy policy;

b) take any action that imposes an unreasonable or disproportionately large load on any of Trichocare’s infrastructure, including but not limited to submitting a virus to the Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing” the Site;

c) violate or attempt to violate the security of the Site or any Service including attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;

d) use any data mining, robots or similar data gathering or extraction methods in relation to the Site or any Services;

e) forge any TCP/IP packet header or any part of the header information relating to the Site or Trichocare in any e-mail or newsgroup posting to the Site or users of the Site or persons that You have ;

f) frame or link to any Trichocare Content or information on the Site;

g) login to a Trichocare user account which You are not authorized to access;

h) submit, post or promote any unauthorized, illegal, incomplete or inaccurate information in relation to Colourstart;

i) submit, post or promote any content that infringes the copyright or intellectual property of any third party including any trademarks, patents or design rights;

j) change or delete any material posted on the Site by any other person or entity;

k) send unsolicited mail or email, make unsolicited phone calls promoting and/or advertising products or services to any User; or

l) use the Trichocare Services for any unlawful purpose or any illegal activity, or post or submit any content that is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined by Trichocare in its sole discretion.

11. Trichocare Account Operations

You are responsible for maintaining the confidentiality of Your account details and passwords. You shall be responsible for all uses of Your Site registrations and passwords, whether or not authorized by You. You agree to immediately notify Trichocare of any unauthorized use of Your account or passwords.

You understand and acknowledge that if You cancel Your User account or Your User account is terminated for any reason, Your Hair Care Professional User information recorded by You through the Site will be retained by Trichocare on its database for a period of seven (7) years or such longer period asTrichocare reasonably determines is appropriate having regard to any legal or regulatory requirements or any potential disputes or claims during which period it shall only be used:

a) for dealing with any disputes or claims arising from the use of Colourstart, the Colourstart protocol or the use of hair colorant by a Hair Care Professional (authorized by the relevant Colourstart Passport User) on such Colourstart Passport User;

b) as part of anonymized information prepared by Trichocare to promote its business or present information about how Colourstart is working to the MHRA or in marketing material;

c) for such other purposes as the Hair Care Professional User may agree in writing with Trichocare subject to any Colourstart Passport User’s consent to the extent it includes any data relating to such Colourstart Passport User;

d) for compliance with any applicable law and any legal or regulatory requirement.

Trichocare reserves the right to delete Your account after a significant period of inactivity as determined by Trichocare in its absolute discretion.

Trichocare has the right to disable any user identification code or password, whether chosen by You or allocated by us, at any time, if in Trichocare’s reasonable opinion You have failed to comply with any provision of these Terms of Use.

12. Hair Care Professional User content and submissions

Each Hair Care Professional User, is required to create an account and provide Trichocare with certain information such as a valid email address and confirmations that he/she is eligible to use the Site including confirmation that such Hair Care Professional User is a Hair Care Professional (Your “Information“).

Each Hair Care Professional User acknowledges and agrees that he/she/ it is solely responsible for the form, content and accuracy of any information or other content submitted, posted or displayed by him/her/it on or through the Site (“User Content“). Trichocare shall not review any information You may post on the Site in relation to any Colourstart Passport User.

If as a Hair Care Professional User You supply any information to Trichocare through the Site, whether as part of the registration/ account opening process or otherwise, You confirm the information You supply is true, accurate and complete in all respects. In providing access to the Site and providing the Hair Care Professional Services to You, Trichocare is relying on the information You provide to Trichocare being true, accurate and complete in all respects.

Any content You upload to the Site will be considered confidential provided that Trichocare shall be entitled to:

a) use such information as You provide to Trichocare, as it sees fit provided it is anonymised including for statistical and other purposes of evaluating, developing and marketing the Colourstart Patch and the protocol relating to safe usage of the test and improvements of services;

b) use such information as You provide to Trichocare for dealing with any disputes or claims arising from the use of Colourstart, the Colourstart protocol or the use of hair colorant by a Hair Care Professional on a Colourstart Passport User;

c) use such information as You provide to Trichocare for compliance with any legal or regulatory requirement.

Otherwise You acknowledge that ownership of rights in the data that You record on the Site in relation to any Colourstart Passport User shall be the property of such Colourstart Passport User, subject to the grant to Trichocare of a limited licence to use, store and copy that content and to make it available to Authorised Hair Care Professionals for that Colourstart Passport User and the Colurstart Passport User.

By submitting, posting or displaying information on or through the Site, each Hair Care Professional User grants Trichocare a worldwide, non-exclusive, royalty-free, transferable, sub-licensable license to use, reproduce, adapt, distribute and publish such information:

a) to the Colourstart Passport User it relates to and to other Authorized Hair Care Professionals designated by such Colourstart Passport User,
b) for any legal or regulatory purpose,
c) for purposes of any litigation, and
d) in an anonymized form for such purposes as Trichocare sees fit.

Each Hair Care Professional User also represents and warrants that he/she has the right to grant, or that the holder of any rights, including moral rights in such content has completely and effectively waived all such rights and validly and irrevocably granted to the Hair Care Professional User the right to grant, the license stated above.

Trichocare reserves the right to refuse to accept, post, display or transmit any information input by You in its sole discretion. In addition, Trichocare may review and remove any information that, in its sole judgment, violates these Terms of Use, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Users of the Site, Users of the Colourstart Passport Site or services available under this site or the Colourstart Passport Site.

No Hair Care Professional User is an agent of Trichocare and You shall not hold Yourself out as being an agent of Trichocare or otherwise make any representations or claims in relation to Colourstart or Colourstart Passport otherwise than as expressly set out in the IFU.

13. Disclaimer of Warranty

Trichocare provides the Site and Services on an “as is” basis without any warranties of any kind to the maximum extent permitted by law. Trichocare disclaims all warranties, whether express or implied, including the warranty of merchantability, fitness for particular purpose and non-infringement to the fullest extent permitted by law.

The Colourstart Passport Questionnaire is designed to identify risk factors of a Colourstart Passport User experiencing an allergic reaction to PPD and whether there are factors applicable to a Colourstart Passport User that indicate they should not be using Colourstart, in any event, such as where the Colourstart Passport User is pregnant or breast feeding. A Green Result in relation to the Colourstart Passport Questionnaire does not guarantee the Colourstart Passport User in question will not experience an allergy to colour dye or PPD, but is designed to identify whether, based on risks that have been identified, it is appropriate for a Colourstart Passport User to use the Colourstart Patch, by using the Colourstart Passport Questionnaire to identify potential indicators that a Colourstart Passport User is at risk of experiencing an allergy to PPD or there are factors that apply to the Colourstart Passport User that suggest that Colourstart is inappropriate.

The nature of the Site is such that Trichocare does not conduct any due diligence Colourstart Passport Users who register to use the Colourstart Passport Site and does not verify or check the information they provide and accordingly makes no representation or warranty as to the identity, age or truth, accuracy or completeness of any information recorded by any any Colourstart Passport User on the Colourstart Passport Site in relation to the result of the use of any Colourstart Tech Patch or otherwise nor does Trichocare endorse any opinions that may be expressed by any Colourstart Passport User or any representations or warranties that may be given by a Colurstart Passport User to a Hair Care Professional whether in relation to the use of Colourstart, the use of hair colorant or otherwise.

The Colourstart Patch works by showing if a Colourstart Passport User is likely to be allergic to PPD only and will not detect if such person might be allergic to other ingredients in hair colorants.

The absence of a reaction following use of Colourstart Patch does not guarantee a safe hair colour treatment or that the Colourstart Passport User will not have an allergic reaction to PPD.

14. Disclaimer of Consequential Damages

Trichocare will not be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data, lost opportunity or business interruption) resulting from Your use or Your inability to use the Site and Services at any time, whether based on warranty, contract, or any other legal theory, to the fullest extent permitted by law.

15. Trichocare’s Liability

Nothing in these Terms of Use excludes or limits Trichocare’s liability for death or personal injury arising from its negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, the Site; or
  • use of or reliance on any content displayed on the Site.

In particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use of our site or to Your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from Your use of them.

Trichocare does not screen any information recorded by a Colourstart Passport User or validate the results of any Colourstart Patch, or interactions between Colourstart Passport Users and Hair Care Professionals. Trichocare is not responsible for any consequence or outcome of any action, transaction or agreement executed between any Colourstart Passport User and any Hair Care Professionals or any representation made to a Hair Care Professional User by a Colourstart Passport User.

In particular and without limitation, Trichocare does not verify the authenticity or identity of any persons registered on the Site as Colourstart Passport Users.

No Colourstart Passport User is an agent of Trichocare and Trichocare shall have no liability to any Hair Care Professional User or otherwise for any representations or claims whatsoever made by a Colourstart Passport User in relation to Colourstart, the results of any Colourstart Patch , the use of hair colorant or otherwise.

We urge You to exercise appropriate diligence, caution and common sense when using the Site or Hair Care Professional Services. As a condition of Your using the Site and Hair Care Professional Services You release Trichocare (and our officers, agents and employees) from any claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute that You may have with any Colourstart Passport User, to the fullest extent permitted by law.

Trichocare’s maximum liability arising out of or in connection with Your use of the Site or Hair Care Professional Services will not exceed GBP 50, regardless of the cause of action (whether in contract, tort, breach of warranty or otherwise), to the fullest extent permitted by law.

16. No Assignment

You may not transfer or assign Your rights or obligations under these Terms of Use without the prior consent in writing of Trichocare.

17. Indemnity

You agree to defend, indemnify, and hold harmless Trichocare, its affiliates, and their respective officers, directors, employees and agents, from and against: (a) any claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from Your breach of these Terms of Use; and (b) from any claim that a Colourstart Passport User may bring against Trichocare arising from You using hair colorant on such Colourstart Passport User.

18. General

You access the Site, Hair Care Professional Services or any Trichocare content at Your own risk and are responsible for compliance with the laws of Your jurisdiction.

You understand and agree that You are solely responsible – and that Trichocare has no liability – for:

  • Any content or Information – including but not limited to Your Personal Information – that You may import into Your device or that may become accessible otherwise to the owner or operator of the network or device that You may use to access and use the Site and Hair Care Professional Services.
  • Any Information that may be communicated to us through Your device and carrier during Your use of the Site or Hair Care Professional Services, including but not limited to Your carrier name, Your mobile device, or Your physical location.
  • Any charges or permissions related to the network or device that You may use to access and use the Site or Hair Care Professional Services;

19. Applicable law

If You are a consumer You are not permitted to use this Site.

If You are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales in relation to any dispute arising out of or in connection with these terms of use.

20. Term and Termination.

Trichocare reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to refusal to post, or removal of, Your User Content from the Site, suspension or termination of Your Trichocare user account or Your ability to access the Site, Hair Care Professional Services or Your Trichocare user account, upon any breach by You of these Terms, at Trichocare’s sole discretion. The Terms will remain in force as long as You use or access the Site or have an user account with Trichocare. The applicable Terms will remain in effect even after You are no longer a User of the Site or Hair Care Professional Services.

21. User comments and feedback

We welcome Your comments and suggestions regarding our Site and Hair Care Professional Services. Please contact us on feedback@colourstart.com or:
Trichocare Diagnostics Limited, Worlds End Studios, 132-134 Lots Road, London, SW10 0RJ, England.