Fizzywhiz Terms & Conditions
Please read the following Terms & Conditions carefully before placing an order or subscribing to our services. By purchasing goods or subscribing to the Cosmetic Assessment Portal with Fizzywhiz, you agree to be bound by these terms. Fizzywhiz reserves the right to update or modify these Terms & Conditions at any time.
Section 1: Sale of Goods
1. Orders
By confirming that you have read and agree to these Terms & Conditions, you are making an offer to purchase the product(s) in your basket. Our website is designed to give you every opportunity to review your order details before final submission.
All orders are subject to acceptance by Fizzywhiz. Within one working day of receiving your order, you will receive an email confirmation including your order reference number (please keep this for future correspondence).
Acceptance of your order is subject to stock availability. Fizzywhiz reserves the right to withdraw any product from sale or refuse an order at its sole discretion.
By placing an order, you confirm that you are at least 18 years of age, or have parental/guardian consent to purchase from Fizzywhiz.
2. Price & Payment
All prices are shown in £ sterling and are correct at the time of order unless a clear error occurs.
Payment may be made via accepted credit/debit cards listed at checkout. You confirm that the payment method used belongs to you. All cardholders are subject to validation checks and authorisation by the card issuer. Fizzywhiz reserves the right to refuse a transaction at its discretion.
Bank Charges & Chargebacks
If a customer initiates a bank charge, chargeback, or similar payment dispute without first contacting Fizzywhiz to resolve the issue, all current and future orders, subscriptions, and access to services will be immediately cancelled. The customer will be permanently blacklisted from making future purchases. Fizzywhiz reserves the right to recover any associated bank fees, administrative costs, and losses incurred as a result of the chargeback.
A fixed administration fee of £35 will be applied to all chargebacks, in addition to any bank or legal fees. If an order is subject to a chargeback, Fizzywhiz will revoke all access to assessments, documents, downloads, or digital products linked to that order.
Any future orders placed (including those already paid for) will be automatically cancelled and refunded only at Fizzywhiz’s discretion, minus bank and administrative fees.
Where Fizzywhiz provides proof of delivery (including courier tracking, signed delivery, or photographic evidence of delivery confirmation), this will be treated as conclusive evidence that the order was fulfilled. Customers agree not to file chargebacks in such cases.
Any free gifts, promotions, discounts, or bonuses applied to a disputed order will be revoked. Assessments, documents, or portal access linked to a charged-back order will be invalidated and reported as void for compliance purposes.
If a chargeback is made on an order containing digital products (including courses, templates, downloads, or resources), the customer’s licence to use that content will be terminated immediately.
Fizzywhiz reserves the right to share customer details relating to chargebacks with fraud prevention databases, banks, payment providers, and relevant authorities.
Customers who have initiated a chargeback against Fizzywhiz in the past may be refused service for any future orders, regardless of the reason.
Unfounded or fraudulent chargebacks will be treated as a serious breach of these Terms & Conditions. Fizzywhiz reserves the right to report such activity to banks, payment processors, and relevant authorities, as well as to pursue recovery through debt collection agencies or legal proceedings. Customers agree to indemnify Fizzywhiz against all costs, damages, and losses resulting from chargebacks.
Fizzywhiz reserves the right to recover all costs associated with chargebacks, including but not limited to bank fees, administrative fees, legal costs, debt collection costs, and any losses arising from the dispute. Statutory interest may be applied to all outstanding sums at the rate of 8% above the Bank of England base rate until payment is made in full.
If a chargeback is filed, Fizzywhiz may withhold any outstanding or future orders, regardless of whether they are linked to the disputed payment, until the matter is resolved.
Any assessments, documents, or compliance files linked to a charged-back order are rendered void and may not legally be used for cosmetic compliance purposes. Customers who attempt to use invalidated assessments remain fully liable for any regulatory consequences.
Fizzywhiz reserves the right to report fraudulent or repeated chargebacks to banks, payment providers, fraud prevention agencies, industry regulators, and Trading Standards.
This clause applies equally to full or partial chargebacks. Even where a payment provider or bank rules in favour of the customer, Fizzywhiz reserves the right to terminate all future business relationships and recover associated losses through civil proceedings.
In the event of a chargeback or payment dispute, all linked accounts, subscriptions, portal access, and community group access (including those registered under different email addresses) will be permanently terminated. Fizzywhiz reserves the right to block all associated details, including names, delivery and billing addresses, email addresses, and payment cards, to prevent future orders.
Fizzywhiz may share chargeback details with third-party fraud prevention systems, industry partners, and relevant authorities, which may affect a customer’s ability to purchase from other retailers.
All services and access are suspended immediately once a chargeback is initiated, pending resolution.
Customers acknowledge that initiating a false or unfounded chargeback may constitute attempted fraud. Fizzywhiz reserves the right to report fraudulent activity to the bank, payment processor, and law enforcement authorities.
3. Product Descriptions
We aim to ensure all product images, descriptions, and colours are accurate. However, slight variations may occur due to photographic processes or screen settings. Fizzywhiz cannot accept responsibility for minor differences in appearance.
4. Cancellation & Returns
Unless faulty or supplied in error, we cannot accept returns on personalised or bespoke items.
All digital products (including downloads, online courses, templates, and resources) are non-refundable once purchased, as access is granted immediately. By completing your purchase, you agree that your right to cancel ends once the digital content has been made available to you.
If an item is defective or sent in error, we will refund your return costs. Items must be returned in the same condition received, within 30 days of delivery.
If you are a consumer purchasing non-bespoke, physical products, you have the right to cancel within seven working days after delivery. Products must be unopened, unused, and returned at your expense. Once packaging is opened, your cancellation right ends. Refunds for returns not caused by Fizzywhiz error will exclude original shipping costs. Return shipping fees are not covered unless the item is faulty.
You are responsible for the safe return of items. We recommend using Recorded or Special Delivery. Fizzywhiz is not liable for packages lost in transit.
Refunds or replacements will be processed within 7 working days of receiving returned goods in line with these Terms & Conditions. Refunds will be made to the original payment method. Replacements will match the original specification unless otherwise agreed.
When returning products, customers must ensure items are packaged securely. Fizzywhiz is not responsible for damage caused by inadequate packaging during return transit.
5. Delivery
Orders will be delivered to the address provided at checkout. A delivery address different to your billing address may be specified.
Delivery charges and estimated timescales are shown on our delivery page. Standard UK delivery is normally 3–6 working days; kits and bespoke products may take up to 7 working days.
If a parcel cannot be delivered due to incorrect or incomplete address details, and is returned to us, a refund will be issued for the goods minus shipping and carrier return fees.
Risk of loss and damage to products passes to you once delivery has been confirmed by the carrier. Fizzywhiz is not responsible for parcels once marked as delivered, including those left in safe places or with neighbours.
If you order products for delivery outside the UK, you are responsible for all import duties, taxes, and customs clearance charges. Fizzywhiz is not liable for any delays caused by customs.
6. Promotions & Discounts
From time to time, Fizzywhiz may offer promotional discounts or special offers. Unless otherwise stated, promotions are limited to one per person and one per household. Promotions cannot be used in conjunction with any other offers, discounts, or promotions. Promotions have no cash value and cannot be exchanged for money, gift cards, or credit. Discount codes or vouchers must be applied at checkout and cannot be added or refunded after an order has been placed. Fizzywhiz is not responsible if a promotional code is lost, expired, or entered incorrectly. Unless otherwise stated, promotions apply only to retail orders placed directly on the Fizzywhiz website and exclude wholesale, bulk, or third-party platform orders. Fizzywhiz reserves the right to limit promotional use to specific products, categories, or time periods, and to withdraw or amend promotions at any time. If a kit or product is purchased using a promotion that includes an assessment, this order cannot be cancelled, returned, or refunded under any circumstances, unless the item is faulty or supplied in error. Promotions and discount codes are non-transferable and can only be used by the customer to whom they were issued. Fizzywhiz reserves the right to cancel or refuse promotions if they are misused. All promotions are valid only for the time period stated. Expired codes will not be honoured. If a promotional order is returned in part, any refund will be adjusted to reflect the discount applied. Any free gifts or bonuses included as part of a promotion must also be returned unused and in original condition if the qualifying order is returned.
6A. Resale & Reseller Policy
Fizzywhiz products (including kits, bundles, and any items supplied with printed or digital instructions/recipes) are supplied for use by the original purchaser only. You are not permitted to resell Fizzywhiz kits as kits or bundles, whether in full, in part, or re-boxed, unless you have a written Reseller Agreement with Fizzywhiz. You may sell finished cosmetic products that you have lawfully manufactured yourself using your own assessments and in compliance with applicable regulations. Use of the Fizzywhiz name, logos, product photography, templates, or marketing materials for resale or promotional purposes is prohibited without prior written permission. Fizzywhiz reserves the right to cancel orders and/or terminate customer accounts where resale activity is suspected, and to take further action to protect its brand and intellectual property.
7. Liability
Our maximum liability in connection with any product supplied will not exceed the purchase price of that product. Fizzywhiz is not liable for loss of profits, business, or anticipated savings; loss or corruption of data; or any indirect or consequential loss. Nothing in these terms excludes Fizzywhiz’s liability for death or personal injury caused by negligence or for fraud. Your statutory rights are not affected. Customers acknowledge that they are responsible for ensuring their products, labelling, and marketing comply with applicable regulations. Fizzywhiz assessments and compliance documents support this process but do not replace the customer’s legal obligations as the product manufacturer.
Section 2: Assessment Sales & Subscriptions
(Assessment deals and offerings can change at any time)
These Terms apply to all assessments purchased from Fizzywhiz, whether as individual one-off purchases, as part of a kit, or through a subscription to the Fizzywhiz Assessment Portal. By purchasing an assessment or subscription, you agree to comply with these Terms.
1. Introduction
These Terms govern the use of and access to all assessments supplied by Fizzywhiz. By purchasing, you agree to comply with these Terms.
2. Subscription & Payments
For portal subscriptions, payments are monthly recurring from the date of purchase. Customers are charged the same fee each month unless the subscription is cancelled. Payments are non-refundable as instant digital access is provided. One active subscription per customer.
One-off assessments or kits including assessments are charged at the point of purchase. Payments are non-refundable once the assessment process has begun or documents have been issued.
2A. Subscription Payment Failure
If a subscription payment fails, Fizzywhiz reserves the right to immediately suspend or terminate access to the portal, assessments, and any offers, incentives, or promotions linked to the subscription. Any benefits, tokens, or bonuses offered under that subscription are forfeited and will not be reinstated, even if the subscription is later reactivated. Fizzywhiz has no obligation to honour previous pricing, bundles, or offers once a payment has failed.
3. Access & Cancellation
Subscriptions may be cancelled anytime. Access remains for 30 days after the last payment, then reverts to basic portal access.
Completed assessments remain accessible at all times, however Fizzywhiz does not guarantee indefinite storage or retrieval. Customers must download and store their own copies.
One-off assessments and kit-linked assessments cannot be cancelled, returned, or refunded once work has begun, unless supplied in error.
4. Benefits & Incentives
Incentives or bonuses may be offered throughout the year. These only apply while a subscription is active. If a subscription is cancelled, incentive progress resets and bonuses are forfeited.
5. Token Usage (Subscribers Only)
Tokens are allocated monthly to subscribers and must be used within that month. Unused tokens do not roll over and are automatically forfeited at the end of the month.
5A. Non-Transferable
Tokens are personal to the subscriber’s account. They cannot be transferred, sold, gifted, or shared between accounts or businesses.
5B. No Cash Value / Refunds
Tokens hold no monetary or cash value. They cannot be exchanged for refunds, credits, or discounts if unused.
5C. Misuse of Tokens
Any attempt to misuse tokens, including but not limited to transferring, reselling, duplicating, or manipulating them through technical or unauthorised means, will result in forfeiture of the tokens and may lead to suspension or termination of portal access without refund.
5D. Token Allocation & Changes
Fizzywhiz reserves the right to change the number of tokens issued, the services or assessments they apply to, or the way they are redeemed at its sole discretion. Continued availability of tokens is not guaranteed.
5E. Token Expiry on Cancellation
When a subscription is cancelled, all unused tokens immediately expire and cannot be carried over, reinstated, or refunded, even if the subscription is later reactivated.
6. Promotions & Discounts
From time to time, Fizzywhiz may offer promotions on assessments or subscriptions. Unless otherwise stated: promotions are limited to one per person and one per household; promotions cannot be used in conjunction with any other offers, discounts, or promotions; assessment promotions are non-refundable and non-transferable; Fizzywhiz reserves the right to cancel or refuse promotions if misused.
If a subscription, kit, or product linked to a promotion includes assessments, the order cannot be cancelled, refunded, or returned once access or assessments have been granted, unless supplied in error.
7. Ownership & Restrictions
All original clauses 7A through 7AZ remain as drafted — covering recipes, liability, storage, IFRA disclaimers, Responsible Person clarification, non-disparagement, blacklisting, etc.
7BY. No Use in Training, Courses, or Educational Materials
Customers must not use Fizzywhiz assessments, recipes, or documents as part of any training course, workshop, class, tutorial, or educational material, whether free or paid, without prior written permission from Fizzywhiz.
7BZ. Brand Protection
The name “Fizzywhiz,” its logos, designs, and branded documents remain the intellectual property of Fizzywhiz. Customers may not use the Fizzywhiz name, branding, or materials in their own advertising, training, or marketing without written permission.
7CA. No Reverse Engineering
Customers must not attempt to reverse engineer, recreate, or deconstruct Fizzywhiz recipes, templates, or assessments for the purpose of creating competing assessments, products, or services.
7CB. No AI, Automation, or Reproduction
Fizzywhiz assessments, recipes, and documents must not be uploaded into AI tools, automation systems, or similar technologies for analysis, reproduction, or distribution. Any such use will be considered a breach of these Terms.
7CC. Enforcement & Costs
If Fizzywhiz must take enforcement action (including legal proceedings) against a customer for breach of this Ownership & Restrictions section, the customer agrees to reimburse Fizzywhiz for any legal costs, expenses, or damages incurred.
7AA. Responsible Person Clarification
Fizzywhiz provides assessments and documentation but does not act as the Responsible Person (RP). The customer remains the designated Responsible Person under UK/EU law.
7AA(i). Customer as Responsible Person
The customer is, at all times, the designated Responsible Person (RP) under UK and EU Cosmetic Regulations. Fizzywhiz does not act as the Responsible Person and accepts no legal responsibility for the customer’s products, labelling, notifications, or compliance. All legal obligations, liabilities, and regulatory responsibilities rest solely with the customer.
7BA. Assessment Deals & Offerings
All assessment packages, bundles, promotions, and subscription offerings are subject to change or withdrawal at any time without notice. Fizzywhiz does not guarantee the continued availability of any particular deal, bundle, or subscription feature. Customers accept that pricing, inclusions, or token allocations may be amended, reduced, or discontinued at Fizzywhiz’s discretion.
7BB. Technical Limitations & Portal Access
Fizzywhiz will take reasonable steps to maintain portal functionality but does not guarantee uninterrupted access. Planned or unplanned downtime, maintenance, or technical issues may temporarily affect availability. Fizzywhiz accepts no liability for lost access or business interruption arising from portal downtime.
7BB(i). Portal as a Complimentary Service
The Fizzywhiz portal is provided as a free platform for customers to download their assessments, recipes, and guides. As a complementary service, Fizzywhiz may also include annual updates to documents via the portal. However, Fizzywhiz reserves the right to amend, limit, or withdraw portal services and updates at any time without notice. Customers acknowledge that annual updates are not part of the paid assessment purchase and are not guaranteed. Fizzywhiz reserves the right to move the update service into a separate paid subscription in the future. Should this occur, updates will no longer be included as part of the free basic package. Customers remain responsible for downloading and securely storing their documents once provided.
7BC. Data Protection & Confidentiality
Customers are responsible for ensuring their own devices and accounts are secure. Fizzywhiz accepts no liability for unauthorised access to portal accounts caused by weak passwords, customer negligence, or third-party interference.
7BD. Jurisdiction & Governing Law
These Terms are governed by the laws of England and Wales. Any disputes arising from them will be subject to the exclusive jurisdiction of the courts of England and Wales.
7BE. No Waiver Clause
Failure by Fizzywhiz to enforce any provision of these Terms at any time shall not be construed as a waiver of that provision or of the right to enforce it later.
7BF. Severability Clause
If any provision of these Terms is found invalid or unenforceable by a court, the remaining provisions remain in full effect.
7BG. Indemnity
Customers agree to indemnify and hold harmless Fizzywhiz, its staff, and its assessors against any claims, damages, costs, or legal expenses arising from the customer’s misuse of assessments, recipes, documents, or products.
7BH. No Guarantee of Business Outcome
Fizzywhiz provides assessments solely for compliance purposes. We make no guarantee that customers will achieve sales, business growth, or financial outcomes as a result of purchasing assessments, subscriptions, or kits.
7BI. Customer Responsibility for Accuracy of Information
Customers are solely responsible for the accuracy of the information and recipes they submit for assessment. Fizzywhiz and its assessors accept no liability for errors, omissions, or non-compliance caused by inaccurate or incomplete information provided by the customer.
7BJ. Communication & Response Times
Fizzywhiz aims to respond to assessment queries within a reasonable time but does not guarantee a specific response timeframe. Customers acknowledge that delays may occur during busy periods, regulatory updates, or due to assessor availability.
7BK. Termination for Breach
Fizzywhiz reserves the right to suspend or permanently terminate access to assessments, subscriptions, or portal accounts without refund where a customer is in breach of these Terms.
7AU. Assessment Help Groups, Services & Third-Party Discussions
Customers may join and participate in general industry or learning groups for support, provided they do not share Fizzywhiz assessments, recipes, screenshots, or documents within those groups. Customers must not create or participate in groups specifically intended to distribute, replicate, or work around Fizzywhiz materials or services. Any groups, consultants, or service providers offering support, advice, or services connected to Fizzywhiz assessments must first obtain written permission from Fizzywhiz. No individual, business, or group may advertise, promote, or imply that they can provide corrections, alternatives, or assistance with Fizzywhiz assessments without prior approval. Any group, forum, or discussion space that speaks negatively about Fizzywhiz, its staff, services, or assessments will be considered a breach of these Terms. Fizzywhiz reserves the right, at its sole discretion, to suspend or terminate assessments, subscriptions, and portal access where a customer is found to have breached this clause. This may include blacklisting from future purchases and retaining evidence for enforcement or legal proceedings.
7BL. No Chargeback Policy
By purchasing assessments, subscriptions, or kits, customers waive any right to initiate chargebacks or payment disputes through banks, credit card providers, or PayPal. As assessments are digital compliance documents, all sales are final. Any attempted chargeback will be treated as a breach of these Terms and may result in legal action.
7BM. Intellectual Property Monitoring
Fizzywhiz reserves the right to monitor for misuse of its intellectual property, including recipes, assessments, and brand name, across online platforms, marketplaces, and social media. Customers acknowledge and consent to Fizzywhiz taking enforcement actions where infringement is identified.
7BN. Confidentiality of Communications
All private communications with Fizzywhiz (including email, portal messages, and support responses) are confidential and may not be published, shared, or posted publicly without Fizzywhiz’s written consent.
7BO. False or Misleading Claims
Customers must not make false, misleading, or unverified claims regarding Fizzywhiz assessments, services, or staff. Doing so will be treated as a breach of these Terms and may result in termination, blacklisting, and legal proceedings.
7BP. Governing Language
These Terms & Conditions are drafted in English. In the event of any translation, the English version will prevail.
7BQ. Limitation of Liability (Cap)
Fizzywhiz’s total liability for any claim, whether in contract, tort, or otherwise, shall not exceed the total amount paid by the customer for the assessment or subscription in question.
7BR. No Transfer of Rights
Customer rights under these Terms (including use of assessments, recipes, or portal access) are personal and cannot be assigned, transferred, or sublicensed to another person or business without written permission from Fizzywhiz.
7BS. Survival of Obligations
Any clauses relating to intellectual property, confidentiality, misuse restrictions, Responsible Person duties, and liability shall survive termination or cancellation of assessments, subscriptions, or portal access.
7BT. Data Retention & Deletion
Fizzywhiz may retain assessment records, recipes, and communications for compliance, audit, or legal purposes. Customers may request deletion of personal data under GDPR, but such requests will not affect Fizzywhiz’s right to retain assessment-related documents for regulatory or legal obligations.
7BU. Product Claims Disclaimer
Fizzywhiz assessments confirm formulation safety only. Fizzywhiz does not authorise, approve, or accept responsibility for any claims customers make about their finished products (including but not limited to “organic,” “natural,” “vegan,” “eco-friendly,” or “cruelty-free” claims). Customers are solely responsible for ensuring all marketing claims comply with applicable advertising and consumer protection laws.
7BV. Insurance Responsibility
Customers are responsible for maintaining adequate product liability insurance and any other relevant business insurance. Fizzywhiz accepts no liability for claims, disputes, or damages arising from uninsured products placed on the market.
7BW. Audit & Regulatory Cooperation
If required by regulatory authorities, Fizzywhiz reserves the right to provide copies of relevant assessment records, recipes, or communications. Customers acknowledge that Fizzywhiz may cooperate with authorities to ensure compliance and safety.
7BX. Modification of Services
Fizzywhiz reserves the right to modify, suspend, or discontinue any aspect of its assessment, subscription, or portal services at its sole discretion, including the timing of annual reviews, the scope of updates, or the range of assessments available.
Section 3: General
Data Protection
Fizzywhiz handles customer data in accordance with UK GDPR and the Data Protection Act 2018. Please refer to our Privacy Policy for details on how we collect, store, and use your information.
Force Majeure
Fizzywhiz is not liable for delays or failure to perform obligations under these Terms where caused by events outside its reasonable control, including but not limited to natural disasters, war, strikes, illness, technical failures, supply chain disruption, or government restrictions.
Waiver
No waiver by Fizzywhiz of any breach of these Terms shall be considered a waiver of any subsequent breach.
Entire Agreement
These Terms & Conditions, along with our Privacy Policy, Delivery Information, and any written agreements confirmed by Fizzywhiz, constitute the entire agreement between you and Fizzywhiz. No employee or agent may make representations that override these Terms without written confirmation.
Governing Law & Jurisdiction
These Terms are governed by and construed in accordance with the laws of England. Customers agree to submit to the exclusive jurisdiction of the English courts in the event of any dispute.
Third Party Rights
No third party shall have rights to enforce these Terms under the Contracts (Rights of Third Parties) Act 1999.
Severability
If any provision of these Terms is found to be unenforceable or invalid by a court, the remaining provisions shall continue in full force and effect.
Acceptable Use of Website
Customers agree not to misuse the Fizzywhiz website or portal by introducing viruses, attempting unauthorised access, scraping content, or interfering with its operation. Misuse may result in account termination and legal action.
Governing Language
These Terms are drafted in English. If translated into another language, the English version shall prevail in the event of any conflict.
Service Availability Disclaimer
Fizzywhiz does not guarantee that the website, portal, or digital services will be available at all times. Temporary interruptions may occur due to maintenance, upgrades, or circumstances beyond our control.
Amendment of Terms
Fizzywhiz reserves the right to amend these Terms at any time. Customers will be notified of significant changes, and continued use of the services constitutes acceptance of updated Terms.
Assignment
Fizzywhiz may transfer or assign its rights and obligations under these Terms without prior notice. Customers may not transfer their rights or obligations without written consent from Fizzywhiz.
Headings Disclaimer
Headings in these Terms are for convenience only and do not affect interpretation.
Notices & Communications
All official communications (including billing, policy updates, and service notices) will be sent to the email address provided at registration. Customers are responsible for keeping their contact details up to date and for checking their email (including spam folders). Fizzywhiz is not responsible for missed notices where customers fail to do so.
Limitation of Claims Period
Any claims, disputes, or actions against Fizzywhiz (including refunds, errors, or alleged breaches of contract) must be raised within 30 days of the event giving rise to the claim. After this period, Fizzywhiz will not be liable.
No Partnership or Agency
Nothing in these Terms shall be construed as creating a partnership, joint venture, or agency relationship between Fizzywhiz and the customer. The customer may not represent themselves as an agent or partner of Fizzywhiz.
Survival of Protections
Any provisions of these Terms that by their nature should continue after termination (including intellectual property, confidentiality, disclaimers, liability limits, and misuse restrictions) will remain in full effect after cancellation, expiry, or termination of services.
Legal & Debt Recovery Costs
If Fizzywhiz is required to pursue legal action, enforcement, or debt recovery against a customer, Fizzywhiz reserves the right to recover all associated costs, fees, and interest in addition to the outstanding sums.
Indemnity Clause
Customers agree to indemnify and hold Fizzywhiz harmless against all claims, damages, penalties, fines, costs, and expenses (including legal fees) arising from their misuse of assessments, recipes, documents, or products manufactured using Fizzywhiz materials.
Customer Warranties
Customers warrant that they will comply with all applicable laws, regulations, and standards in relation to their cosmetic products and business activities, and that they will not use Fizzywhiz materials for unlawful, misleading, or unsafe purposes.
Termination at Will
Fizzywhiz reserves the right to terminate a customer’s access to assessments, subscriptions, or services at any time, at its sole discretion, without refund, where it considers this necessary to protect its business, staff, or reputation.
No Guarantee of Success
Fizzywhiz does not guarantee specific sales results, customer growth, or business success as a result of using its assessments, kits, or services. All business outcomes remain the responsibility of the customer.
IP Monitoring & Enforcement Rights
Fizzywhiz reserves the right to monitor use of its intellectual property online and offline, and to take enforcement action (including takedown requests, cease-and-desist letters, or legal proceedings) against any unauthorised use of its assessments, recipes, branding, or documents.
No Class Actions / Collective Claims
Customers agree that any dispute must be pursued individually and not as part of a class, collective, or representative action.
Time Zone & Legal Venue Clarification
All dates, times, and deadlines referenced by Fizzywhiz operate on UK time (GMT/BST). Any legal proceedings must be filed in courts located in England.
Export & International Use Disclaimer
Fizzywhiz assessments are prepared under UK/EU cosmetic regulations. Customers outside these jurisdictions are responsible for ensuring compliance with their own local laws. Fizzywhiz accepts no liability for international use.
Non-Reliance Clause
Customers acknowledge that they have not relied on any representation, promise, or statement made by Fizzywhiz or its staff except as expressly set out in these Terms.
Severe Breach Consequences
Any material breach of these Terms may result in immediate termination of access, blacklisting, and legal proceedings to recover damages, including but not limited to reputational harm, intellectual property misuse, and financial loss.
Governing Version of Assessments
Where multiple versions of an assessment exist, the most recent version uploaded to the Fizzywhiz portal shall be considered the governing and valid version.
Audit Rights
Fizzywhiz reserves the right to request evidence from customers that products manufactured under its assessments are being produced in accordance with Good Manufacturing Practice and regulatory standards. Failure to provide evidence may result in suspension of access or termination.
Security & Login Responsibility
Customers are responsible for maintaining the confidentiality of their login details. Fizzywhiz accepts no liability for losses or breaches caused by unauthorised access due to customer negligence in safeguarding their account details.
Confidentiality of Communications
All communications, support responses, and documentation provided by Fizzywhiz are confidential and must not be copied, shared, published, or distributed without prior written consent.
Escalation & Alternative Dispute Resolution (ADR)
Fizzywhiz may, at its discretion, refer unresolved disputes to an independent Alternative Dispute Resolution (ADR) body approved in the UK. Customers agree that ADR decisions may be binding.
Insurance Disclaimer
Customers are responsible for holding their own product liability insurance. Fizzywhiz accepts no liability for uninsured losses or claims arising from the manufacture or sale of cosmetic products using Fizzywhiz assessments, kits, or recipes.
Severance of Invalid Use
If a Fizzywhiz assessment is used outside its intended scope or in breach of these Terms, that assessment is automatically void and may not legally be used for compliance purposes.
Publicity & Marketing Restriction
Customers must not use the Fizzywhiz name, brand, or likeness in their own marketing, advertising, or promotional materials without prior written consent from Fizzywhiz.