Client Terms of Use

If you are considering using Colourstart to assist you in deciding whether to use hair colour in addition to carefully reading the instructions for use which come with the medicine (Instructions for Use) we recommend that you register on this site to use Colourstart Passport to evaluate whether you should be using Colourstart and to keep a record of your usage of Colourstart.

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

The purpose of this site is to set out a questionnaire called Colourstart Passport that can be used to:

i) decide if Colourstart® Test 65 mcg Cutaneous Patch is suitable for you to use.

i) make an informed decision on whether you should avoid hair colorant.

ii) record use of Colourstart® Test 65 mcg Cutaneous Patch

i) share Colourstart Passport Result(s) (as defined below) of use of Colourstart® Test 65 mcg Cutaneous Patch with Hair Care Professionals to reduce the risk of unnecessary exposure to Paraphenylenediamine (PPD) through repeated testing;

iii) protect against unintentional or accidental repeat use of Colourstart® Test 65 mcg Cutaneous Patch; and

iv) enhance Instructions for Use of Colourstart® Test 65 mcg Cutaneous Patch;

(together the Purposes) as more particularly set out in the Terms of Use.

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

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

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 to 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 United Kingdom using hair colorant as part of a professional service and includes barbers, beauty therapists and hairdressers;

Purposes shall have the meaning attributed to it in the preamble to these Terms of Use

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. Colourstart Passport Services

Through the Site, Users may, subject to registration access Colourstart Passport Services by registering as a Colourstart Passport user (Colourstart Passport User) on the Site to use the Colourstart screening protocol, including:

(i) the provision of a questionnaire for You to complete online;

(ii) recording information about Your use of Colourstart; and

(iii) transmission of Your Colourstart Passport Result(s) to Professional Hair Care Providers as directed by You, from time to time;

(“Colourstart Passport Services “) in each case as a Colourstart Passport User.

2. Registration to use the Site

You can register as a Colourstart Passport User to use the Site subject to the Terms of Use. You may only be a Colourstart Passport User if You are using the site for the Purposes.

Trichocare reserves the right to terminate the registration of any Colourstart Passport 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 hello@colourstart.com or telephone our customer service line on +44 (0) 330 0905 888.

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 acknowledge and understand Your personal data will be processed and used as provided for in these Terms of Use the Privacy Policy 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 Colourstart Passport screening protocol, developments of the Colourstart Patch, 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.

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 Colourstart Passport Services. 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 Colourstart Passport Services and in the material published on the Site. The contents of the Site and Colourstart Passport 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 Colourstart Passport Services (if You are registered as a Colourstart Passport User);

and to download and print the content available for Colourstart Passport Users on or from the Site solely for Your personal use if You are registered on the Site as a Colourstart Passport User a.

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 Trichocare Services.

The Colourstart Passport User data and other proprietary information relating to a Colourstart Passport User (Colourstart Passport Information) may only be accessed and/or used by the Colourstart Passport User. If You designate a Hair Care Professional as an Authorised Hair Care Professional, that Authorised Hair Care Professional may access Your Colourstart Passport Result(s).

As a condition of using the Site and 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) post on the Site any Colourstart Passport Result on behalf of another party or any test result that is not the result of the proper application of a ‘Test’ on Yourself;

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

i) submit, post or promote any unauthorized, illegal, incomplete or inaccurate information on the Site or Services;

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

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

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

m) 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 Trichocare 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 Colourstart Passport Information will be retained by Trichocare on its database for a period of 6 years, or such longer period as Trichocare reasonably determines is appropriate having regard to 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 Passport Questionnaire or the use of hair colorant by an Authorised Hair Care Professional on You;

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; and

c) for such other purposes as the Colourstart Passport User may agree in writing with Trichocare.

Information may continue to be available for some period of time because of delays in propagating such deletion through Trichocare’s web servers.

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. Colourstart Passport User content and submissions

Each Colourstart Passport 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 Colourstart Passport User is over sixteen (16) years old (Your “Information“).

Each Colourstart Passport User acknowledges and agrees that he/she is solely responsible for the form, content and accuracy of any information or other content submitted, posted or displayed by him/her on or through the Site (“User Content“).

If as a Colourstart Passport 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 Colourstart Passport 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) disclose to Authorised Hair Care Professionals Your Colourstart Passport Result(s);

b) use such information as You provide to Trichocare as part of the Colourstart Passport as Trichocare sees fit provided it is anonymised including for statistical and other purposes of evaluating and developing the Questionnaire and improvements of services;

c) use such information as You provide to Trichocare as part of the Colourstart Passport for dealing with any disputes or claims arising from the use of Colourstart, the Colourstart Passport Questionnaire or the use of hair colorant by an Authorised Hair Care Professional on You; and

d) use such information as You provide to Trichocare for compliance with legal and regulatory requirements.

Otherwise You retain ownership of rights in Your personal data that You record on the Site, but You grant Trichocare a limited licence to use, store and copy that content and to make it available to Authorised Hair Care Professionals.

Each Colourstart Passport User acknowledges and agrees that Authorised Hair Care Professionals will have access to Your Colourstart Passport Result(s).

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

a) to such Colourstart Passport User’s Authorised Hair Care Professionals designated by such Colourstart Passport User provided this shall be limited to the Colourstart Passport Result,

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 Colourstart Passport 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 Colourstart Passport User the right to grant, the license stated above.

Trichocare reserves the right to refuse to accept, post, display or transmit any Colourstart Passport Information in its sole discretion. In addition, Trichocare may review and remove any Colourstart Passport 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 or Colourstart Passport Services.

13. Disclaimer of Warranty

Trichocare provides the Site and Colourstart Passport 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 used by this Site is designed to identify risk factors of a Colourstart Passport User experiencing an allergic reaction to PPD. It does not guarantee You will not experience an allergy to hair colorant or PPD, but is designed to identify whether it is appropriate for You to use the Colourstart Patch, by following a good practice protocol to identify potential indicators that a Colourstart Passport User is at risk of experiencing an allergy to PPD.

The Colourstart Patch works by showing if You are likely to be allergic to PPD only and will not detect if You might be allergic to other ingredients in
hair colorants.

The absence of a reaction following use of the Colourstart Patch does not guarantee a safe hair colour treatment, but by using Colourstart Patch correctly, You can reduce the risk of reaction to hair colorant.

The nature of the Site is such that Trichocare does not conduct any due diligence on Hair Care Professionals who register to supply Colourstart to their customers or the services they provide and accordingly makes no representation or warranty as to the quality of any services any Hair Care Professional provides to any Colourstart Passport User nor does Trichocare endorse any opinions that may be expressed by any Hair Care Professional or any representations or warranties that may be given by a Hair Care Professional to a Colourstart Passport User whether in relation to Colourstart, the use of hair colorant or otherwise.

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 Colourstart Passport 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.

If You are a business user, please note that 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 only provide our site to You for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.

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 Colourstart Passport Information or validate or verify Hair Care Professionals claims or interactions with Colourstart Passport Users. 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 Colourstart Passport User by a Hair Care Professional.

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

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

We urge You to exercise appropriate diligence, caution and common sense when using the Site or Colourstart Passport Services. As a condition of Your using the Site and Colourstart Passport 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 Hair Care Professional, to the fullest extent permitted by law.

Trichocare’s maximum liability arising out of or in connection with Your use of the Site or 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 any claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from Your breach of these Terms of Use.

18. General

You access the Site, Colourstart Passport 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 Colourstart Passport Services.
  • Any Information that may be communicated to us through Your device and carrier during Your use of the Site or Colourstart Passport 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 Colourstart Passport Services;

19. Applicable law

If You are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction in relation to any dispute arising out of or in connection with these terms of use. However, if You are a resident of Northern Ireland You may also bring proceedings in Northern Ireland, and if You are resident of Scotland, You may also bring proceedings in Scotland.

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, Colourstart Passport 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 a user account with Trichocare. The applicable Terms will remain in effect even after You are no longer a User of the Site or Colourstart Passport Services.

21. User comments and feedback

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