TERMS AND CONDITIONS

Last updated: 1 February 2025

Welcome to the 64K Cellssensé website (the “Site”). By accessing or using the Site, including all content, products, and services (collectively referred to as the “Offerings”), you agree to comply with these Terms and Conditions, our Privacy Policy, and any additional terms referenced herein, or that you accept prior to accessing certain areas of the Site (collectively, the “Terms”). These Terms govern your use of the Site and your conduct, regardless of whether you access it from a computer, mobile device, or any other method.

These terms set out the legal terms and conditions on which we allow you to access our Website.

LEGAL AGREEMENT:

By using the Offerings, or by clicking a box to accept or agree to these Terms, you confirm that you have read, understood, and agreed to be bound by these Terms. This includes your consent to the collection and use of your information as outlined in our Privacy Policy, whether or not you are a registered user.

If you do not agree to the Terms, or do not meet the required qualifications, you are not authorized to use any of the Offerings and must refrain from accessing or using them.

IMPORTANT – ARBITRATION AGREEMENT – PLEASE READ:

These Terms include provisions for resolving disputes between you and 64K Cellssensé, and/or its affiliates. In particular, the Arbitration Agreement in Section 23 will require disputes to be resolved through individual, binding, and final arbitration, unless you opt out. Additionally, by agreeing to these Terms:

You and 64K Cellssensé will only pursue claims individually, not as part of a class or representative action.
You waive your right to seek relief in court or to have a jury trial for any claims.

1. DEFINITIONS

Capitalized terms used within these Terms have the meanings provided in the context in which they appear. All other terms have their standard English (U.S.) meanings.

2. ELIGIBILITY

To access or use the Offerings, you must be 18 years or older and meet all other eligibility requirements outlined in these Terms. By using the Offerings and agreeing to these Terms, you confirm that you meet these requirements. If you do not meet any of these conditions, you are not permitted to access or use the offerings. Our offerings are not available to users who have previously been removed from our services.

3. MODIFICATIONS

We reserve the right, at our sole discretion, to modify the Offerings, with or without notice, by posting such changes on the Site. We also reserve the right to update these Terms at any time. Changes to our Privacy Policy will be governed by the terms outlined in that document. Any modifications to the Terms will take effect immediately upon being posted. If you disagree with the changes, you may terminate your Account or cease using the Offerings. However, by continuing to use the Offerings after such modifications, you are deemed to have accepted them. The effective date of the most recent version of these Terms will be displayed at the top of this page. It is your responsibility to review these Terms periodically.

4. PRIVACY

For details regarding our personal information practices, please refer to our Privacy Policy. The Privacy Policy is incorporated by reference into these Terms and Conditions.

5. PURCHASE RELATED POLICIES AND PROCEDURES

To review the terms and conditions related to orders placed through this Site, such as order processing, shipping and handling, and returns and exchanges, please visit our FAQs. These policies are incorporated into these Terms by reference.

6. PRODUCTS AND SERVICES FOR PERSONAL USE

The products and services available on the Site, along with any samples provided to you, are for personal and/or professional use only. You are prohibited from selling, reselling, or using any products, services, or samples purchased or received from us for commercial purposes. Please be aware that we track purchases made through your account on the Site, in our standalone stores, and via phone orders. We reserve the right, at our discretion and with or without notice, to cancel or reduce the quantity of any order or the provision of products or services that may violate our Terms.

7. ACCURACY OF INFORMATION

While we strive to accurately describe our products and services on the Site, we do not guarantee that the descriptions, colors, information, or other content provided on the Site are accurate, complete, reliable, current, or error-free. The Site may contain typographical errors or inaccuracies, and we reserve the right to correct any such errors, inaccuracies, or omissions (including after an order has been submitted). We also reserve the right to update information at any time without prior notice. This may include issues related to pricing and availability, and we may cancel or refuse orders based on incorrect pricing or availability information. We apologize for any inconvenience.

8. TERMINATION

Unless specified otherwise, these Terms may be terminated by either party at any time, in their sole discretion, with notice to the other party as permitted under these Terms. Upon termination or expiration, you must immediately cease using and accessing the Offerings, including any Content obtained before termination. Termination does not relieve you of payment obligations for products or services purchased before termination. Any provisions that, by their nature, should survive termination or expiration will continue in effect.

9. YOUR OBLIGATIONS AND RESPONSIBILITIES

When using the Offerings, you must comply with these Terms, including any specific warnings or instructions posted on the Site. You are expected to act in good faith and in accordance with the law. You may not alter, impair, or damage the integrity or operation of the Offerings. Additionally, you agree not to:

Impersonate any person or entity, or misrepresent your affiliation with any entity.
Harass, entrap, or harm any third party.
Manipulate identifiers or disguise the origin of any Content.
Violate any local, state, national, or international law.
Collect or store personal data about other users. If you fail to meet your obligations under these Terms, you are liable for any losses or damages caused to us or our affiliates.

10. YOUR RIGHTS

10.1 Access to the Site

Subject to your compliance with these Terms, we grant you access to the Site solely for lawful purposes and as allowed by these Terms. If accessing on behalf of someone else or an entity, you confirm you have the authority to bind them to these Terms.

10.2 Creating Links

You may create a hyperlink to the home page of the Site for personal, non-commercial use. The linking website must not replicate our Content or misrepresent its relationship with us. We may request the removal of any link at our discretion.

10.3 Access to Content

You may be provided access to various data, information, and Content through the Site, including marketing materials, software, text, images, etc. All such Content is owned by us or our third-party providers and is provided for informational purposes only. You are solely responsible for verifying the accuracy of any Content and using it appropriately. You may not alter, reproduce, or create derivative works from any Content without permission.

10.4 Restrictions

You agree not to:

Use, access, or attempt to access the Offerings in any unauthorized manner.
Frame or enclose the Offerings or any part of them.
Copy, redistribute, or sell any Offerings.
Disassemble, decompile, reverse engineer, or modify the Offerings.
Circumvent security measures or use the Offerings for competitive purposes.
Share your account credentials or passwords. You must retain all proprietary notices and refrain from unauthorized use of the Offerings.

11. YOUR ACCOUNT

To use certain features of the Site, you may need to register an Account. You must be over 18 years of age to register an Account. You are responsible for all activities under your account and must maintain the confidentiality of your account information. We reserve the right to cancel or suspend your account at any time if these terms are violated.

12. YOUR CONTENT

You are responsible for all Content you submit, upload, or post to the Site. By submitting such Content, you grant us a non-exclusive, royalty-free, perpetual right to use, modify, and distribute your Content for any purpose, including marketing and product development. You represent that you own or control the rights to your Content and agree not to submit any Content that violates any laws, infringes rights, or contains harmful material. We have the right to refuse or remove content at our discretion.

13. DELETION OF YOUR CONTENT

You may request the deletion of your Content, such as ratings and reviews, posted on public sections of the Site. To do so, please contact us by email, providing the following details: first name, last name, username (if applicable), email address associated with the Site, the reason for the deletion request, and the dates of the posts you wish to delete (if applicable). If the required information is not provided, we may not be able to process your request. All deletion requests are subject to our approval, which we may grant or deny at our sole discretion. Please allow up to 10 business days for us to process your request.

14. SPECIAL FEATURE, PROMOTIONS, FUNCTIONALITY, AND EVENTS

The Site may feature special functions or events, such as contests, sweepstakes, and promotions, which may be governed by separate terms, rules, and policies in addition to these Terms. If applicable, we will notify you, and by participating in these events, you agree to adhere to these additional terms.

15. THIRD-PARTY LINKS

We are not responsible for the content of any websites linked to or from the Site. Links are provided for convenience and do not signify endorsement by us, our affiliates, or partners. Your decision to follow any external link is at your own risk, and we are not responsible for the actions, content, products, services, or policies of third-party sites. You should review the terms and privacy policies of all linked websites carefully.

16. TEXT MESSAGING

By opting to receive SMS and/or MMS messages from 64K Cellssensé, you acknowledge that you may receive messages regarding policies, programs, marketing, and promotions. These messages may be sent via an auto-dialer. You are not required to agree to receive these messages as a condition of purchasing any products or services. Message frequency may vary, and standard message/data rates may apply. To stop receiving these messages, text STOP. To receive help, text HELP. After unsubscribing, you may receive one final confirmation message. Carriers are not liable for delayed or undelivered messages.

17. INTELLECTUAL PROPERTY

We retain all rights to the Offerings, including all intellectual property rights. This includes our name, logo, and any product or service names associated with the Offerings. You are not granted any rights to use, reproduce, or exploit these intellectual property rights without our express written consent. Submissions such as feedback, comments, or suggestions you provide are considered non-confidential and non-proprietary. By submitting such content, you grant us a royalty-free, worldwide license to use and modify your feedback without compensation.

18. COPYRIGHT INFRINGEMENT NOTICES

We respect intellectual property rights and require users to do the same. If you believe copyrighted materials have been used inappropriately, please submit a notice to our Designated Agent for copyright infringement, including the following details:

Your signature or an authorized representative’s signature;
Identification of copyrighted work;
A description of the infringing material;
Your contact information;
A statement of good faith belief; and
A statement under penalty of perjury that the information is accurate.

19. DISCLAIMER OF WARRANTIES

The Offerings are provided "as is" and "as available." We make no warranties of any kind, express or implied, regarding the Site or any of its offerings, including but not limited to implied warranties of merchantability or fitness for a particular purpose. We are not liable for any interruptions, errors, or issues resulting from your use of the Site or external sites linked to it.

20. LIMITATION OF LIABILITY

We are not liable for indirect, incidental, or consequential damages arising from the use of the Offerings, even if we have been advised of the possibility. Our total liability is limited to the amount you paid us in the 3 months prior to the event causing the issue or $100, whichever is greater. In jurisdictions where such limitations are not permitted, our liability will be limited to the maximum extent allowed by law.

21. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless us and our officers, directors, shareholders, affiliates, employees, agents, contractors, assigns, users, customers, providers, licensors, and successors in interest (collectively, “Indemnified Parties”) from any and all losses, liabilities, damages, fees, expenses, and costs (including, but not limited to, reasonable attorneys’ fees, court costs, damage awards, and settlement amounts) arising from any third-party claim, action, or demand related to:

Your use of or access to any Offering;
Your Content;
Your breach of any representation, warranty, or other provision of these Terms;
Your violation of any applicable law, rule, or regulation;
Your willful misconduct; or
Any third party’s access to and use of our Offerings with your unique username, password, or other appropriate security code. We will notify you of any such claim or allegation, and we reserve the right to participate in the defense of any such claim at our own expense.

22. DISPUTES

THIS SECTION OUTLINES THE TERMS UNDER WHICH DISPUTES BETWEEN YOU AND 64K CELLSSENSÉ WILL BE RESOLVED THROUGH INDIVIDUAL ARBITRATION (“ARBITRATION AGREEMENT”). PLEASE READ THIS SECTION CAREFULLY AS IT REQUIRES YOU TO ARBITRATE DISPUTES AND LIMITS THE WAYS IN WHICH RELIEF CAN BE SOUGHT BETWEEN US.

Regarding any dispute, claim, or controversy arising out of or relating to your access to or use of the Site, any products sold or distributed through the Site, or any rights or obligations under these Terms and Conditions, all such matters shall be governed by the laws of New York as if the Terms and Conditions were entirely entered into and performed within New York. Any dispute arising from or related to your use of the Site, products sold or distributed through the Site, these Terms, or the relationship between the parties (except for claims involving Estée Lauder’s intellectual property rights or our affiliates, partners, licensors, or equity claims) shall be finally resolved through confidential arbitration. The arbitration may occur by video conference or, at the arbitrator’s discretion, by an in-person hearing at the county where you reside, unless the Batch Arbitration process applies. By agreeing to arbitration, you waive your right to litigate disputes in court or have a judge or jury decide your claim. Your rights to pre-hearing discovery and appeals may also be limited in arbitration. Any dispute over the scope of this arbitration provision shall be resolved by the arbitrator.

Notwithstanding the foregoing, if you violate or threaten to violate our intellectual property rights or those of our affiliates or licensors, or if you otherwise have a cause of action in equity, we may seek injunctive or other relief in any court of competent jurisdiction, and you consent to jurisdiction and venue in such court.

Arbitration shall be conducted by a sole arbitrator under the American Arbitration Association’s Consumer-Related Disputes Supplementary Rules effective at the time of arbitration, unless modified herein.

To initiate arbitration, the party seeking arbitration must submit a Demand that includes:

Their name, telephone number, mailing address, email address, account username (if applicable), and associated email address;
A statement of legal claims and factual basis;
A description of the remedy sought and an accurate calculation of the amount in controversy; and
Evidence of any necessary filing fees. If represented by counsel, the Demand must also include the attorney's details, and counsel must certify that the Demand is not for improper purposes.

Any arbitration or proceeding shall be limited to the dispute between the parties individually. No class actions or collective claims are allowed. All arbitration proceedings are individual in nature, and you waive the right to participate in class, collective, or representative actions.

In the case of 100 or more substantially similar demands filed against 64K Cellssensé within 60 days, the AAA will administer the arbitration in batches, with one arbitrator per batch. Each batch will have a consolidated arbitration process, but the process remains distinct from class actions.

Arbitrator’s awards are binding and can be entered as a judgment in any competent court.

You may opt out of changes to the arbitration agreement by notifying us within 30 days of the update. The last set of arbitration terms remains effective if you opt out.

This agreement involves interstate commerce and is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq.

23. NOTICE

You consent to receive all agreements, notices, disclosures, and other communications (“Notices”) electronically, including by email or posting on the Site. You agree that such electronic communications satisfy any legal requirement that communications be in writing. To withdraw consent, you must notify us via email and cease using the Offerings. If you withdraw consent, all rights granted under these Terms will terminate. We cannot provide offerings to users who do not consent to receiving notices electronically. This consent is separate from any election regarding marketing communications, which are detailed in our Privacy Policy.

24. NOTICE TO CALIFORNIA RESIDENTS

For any complaints or issues regarding the Services, please contact the service provider. For California residents, complaints can be directed to the Division of Consumer Services of the Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by phone at (800) 952-5210, (916) 445-1254, or (TTY) 711 or 1-800-735-2929.

25. GENERAL

You acknowledge that these Terms represent the complete agreement between us regarding your use of the Offerings and supersede all prior communications, whether written or oral.

Nothing in these Terms creates an agency, partnership, or joint venture between the parties. Failure to enforce any provision of these Terms does not waive our right to enforce it later. If any provision is deemed unenforceable, the remainder of these Terms will still apply as closely as possible to the original intent. The headings are for convenience and do not affect interpretation.

Rights conferred under these Terms are cumulative. You may not assign or transfer these Terms without prior written consent from us. Any unauthorized assignment is void. We may assign these Terms to any third party that assumes our obligations.

26. CONTACT

If you have any questions regarding these Terms, please email us at hello@thecellssense.com. Our office is located at 253-261 Hennessy Rd., Wan Chai, Hongkong, Postal Code: 999077.