Fizzywhiz Terms & Conditions
Last Updated: 1 November 2025
Please read these Terms and Conditions carefully before placing an order, purchasing an assessment, or subscribing to any Fizzywhiz service. By purchasing goods, digital content, or subscriptions (including access to the Fizzywhiz Cosmetic Assessment Portal), you agree to be bound by these Terms in full.
These Terms govern all sales, subscriptions, and digital services provided by Fizzywhiz to business customers. Fizzywhiz reserves the right to amend, update, or withdraw any part of these Terms and Conditions at its sole discretion. Continued use of Fizzywhiz products, services, or portal access following any update constitutes acceptance of the revised Terms.
Section 1 – Sale of Goods
Last Updated: 1 November 2025
At Fizzywhiz we aim to provide high-quality products and services. By placing an order you agree to the following terms.
1.1 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. 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 or guardian consent to purchase from Fizzywhiz.
1.2 Price & Payment
All prices are shown in pounds sterling and are correct at the time of order unless a clear error occurs. Payment may be made via accepted credit or 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.
1.3 Bank Charges & Chargebacks
If a customer initiates a chargeback or payment dispute without first contacting Fizzywhiz to resolve the issue, all current and future orders, subscriptions, and access to services will be cancelled. A fixed administration fee of £35 will be applied to all chargebacks in addition to any bank or legal fees. Where Fizzywhiz provides proof of delivery, this shall be conclusive evidence that the order was fulfilled. All assessments, documents, or digital products linked to a charged-back order are rendered void and may not legally be used for compliance purposes. Fizzywhiz reserves the right to recover all costs, damages, and losses resulting from chargebacks and to report fraudulent activity to banks, payment providers, and relevant authorities.
1.4 Product Descriptions
Every effort is made to ensure all product images, descriptions, and colours are accurate; slight variations may occur due to photographic processes or display settings. Fizzywhiz cannot accept responsibility for minor differences in appearance.
1.5 Cancellations & Returns
Unless faulty or supplied in error, returns are not accepted on personalised, bespoke, or digital items. Digital products are non-refundable once purchased, as access is granted immediately. If an item is defective or sent in error, it must be returned within 30 days in its original condition for refund or replacement. Refunds exclude original shipping unless Fizzywhiz was at fault. Customers are responsible for safe return shipping and are advised to use a tracked service. If Fizzywhiz has made an error and agrees to cover return shipping, reimbursement will be limited to standard courier or Royal Mail First Class Parcel rates only.
1.6 Delivery
Orders will be delivered to the address provided at checkout. Delivery charges and estimated timescales are shown on our Delivery page. Risk of loss passes to the customer once delivery is confirmed by the carrier. Fizzywhiz is not responsible for parcels once marked as delivered, including those left in safe places or with neighbours. International customers are responsible for import duties and customs charges.
1.7 Promotions & Discounts
Promotions are limited to one per person and one per household unless otherwise stated. They cannot be combined with other offers and have no cash value. Discount codes must be applied at checkout. Promotional orders that include an assessment cannot be cancelled or refunded once access or documentation has been provided.
1.8 Resale & Reseller Policy
Products, kits, or bundles are supplied for use by the original purchaser only and may not be resold, re-boxed, or repackaged without written permission. Finished products made under valid assessments may be sold only by the Responsible Person in compliance with applicable regulations.
1.9 Liability
Fizzywhiz’s maximum liability in connection with any product supplied shall not exceed the purchase price of that product. Fizzywhiz is not liable for loss of profit, business interruption, or indirect or consequential loss. Nothing excludes liability for death or personal injury caused by negligence or for fraud.
1.10 Testing & Use
Customers are responsible for testing all materials and formulations before use. Fizzywhiz accepts no liability for misuse or improper storage of raw materials.
1.11 Regulatory Compliance
Fizzywhiz supplies products for lawful cosmetic, home-fragrance, or cleaning manufacture within the UK and EU. It remains the customer’s duty to ensure that products are used within applicable legal limits and to obtain valid assessments and notifications before sale.
1.12 Consumer Rights
These Terms do not affect statutory rights under the Consumer Rights Act 2015.
1.13 Force Majeure
Fizzywhiz shall not be liable for delay or failure to perform obligations caused by events beyond its reasonable control, including but not limited to supply-chain disruption, illness, strikes, or regulatory change.
1.14 Intellectual Property
All intellectual property in Fizzywhiz products, branding, packaging, and documentation remains the sole property of Fizzywhiz.
1.15 Limitation of Indirect Losses
Fizzywhiz shall not be liable for loss of profit, reputation, or downtime arising from delays or defects.
1.16 Export and International Use
Goods are supplied under UK/EU standards only; overseas compliance is the buyer’s responsibility.
1.17 Assignment of Rights
Fizzywhiz may assign its rights or obligations at any time. Customers may not assign or transfer theirs without written consent.
1.18 Interpretation of Headings
Headings and examples are for convenience only and do not affect interpretation.
1.19 Indemnity by Customer
The customer indemnifies Fizzywhiz against all claims, costs, or damages arising from manufacture, marketing, or sale of finished goods using Fizzywhiz materials or documentation.
1.20 Governing Law and Jurisdiction
These Terms are governed by the laws of England and Wales; disputes fall within their exclusive jurisdiction.
1.21 Limitation on Advice and Training Materials
Any tutorials or training from Fizzywhiz are educational only and not professional advice. Independent verification is required before commercial use.
1.22 Survival of Clauses
Clauses on IP, liability, compliance, and indemnity survive termination or completion of any transaction.
1.23 Right to Refuse Service
Fizzywhiz may refuse service, cancel orders, or terminate accounts to protect staff, reputation, or compliance interests.
1.24 Non-Disparagement
Customers must not publish or assist publication of false or defamatory statements about Fizzywhiz or its staff. Breach permits immediate termination and legal action.
1.25 Legal Costs for Enforcement
Fizzywhiz may recover all legal or administrative costs incurred in enforcing these Terms.
1.26 Evidence and Communication Policy
All communications may be stored and used as evidence in disputes or chargebacks.
1.27 Abuse or Harassment of Staff
Any abuse, threats, or harassment toward Fizzywhiz personnel will result in account termination and possible legal referral.
1.28 Mandatory Pre-Action Resolution
Customers must give written notice and 30 days for investigation before commencing legal proceedings. Failure to do so entitles Fizzywhiz to seek dismissal and recover costs.
1.29 Limitation of Aggregate Liability
Total liability to any customer shall not exceed the total amount paid by that customer in the previous 12 months.
1.30 Entire Agreement and No Reliance
These Terms constitute the entire agreement. Customers acknowledge they have not relied on any representation not contained herein.
1.31 Version Control and Publication
The version of these Terms published on the Fizzywhiz website at the time of order applies to that transaction. Updates are published online and take immediate effect for future orders.
1.32 Suspension of Digital Access
Access to any Fizzywhiz portal or digital service may be suspended, limited, or withdrawn for legal, technical, or behavioural reasons. Suspension does not affect the validity of assessments already issued, but Fizzywhiz has no ongoing duty to host or update documents once access is withdrawn.
1.33 Acceptance on Purchase
Placing an order or making payment confirms the customer has read and accepted these Terms.
1.34 Courier Delays Disclaimer
Delivery dates are estimates. Fizzywhiz is not liable for courier delays or consequential loss.
1.35 Lawful Processing of Personal Data
Personal data are processed only for legitimate business purposes under UK GDPR and the Data Protection Act 2018.
1.36 Severance of Invalid Use of Assessments
Use of any Fizzywhiz assessment outside its approved scope renders it void for compliance purposes. Fizzywhiz accepts no liability for such misuse.
1.37 Continuing Effect After Termination
Rights and obligations intended to continue, including IP, confidentiality, and indemnity, remain binding indefinitely after termination.
1.38 Use of Brand and Intellectual Property
The Fizzywhiz name, logo, trade dress, and related branding remain exclusive property of Fizzywhiz. No use, reproduction, or implied association is permitted without prior written permission. Unauthorised use may result in legal action.
1.39 Regulatory Force-Majeure
Fizzywhiz shall not be liable for any impact on assessments, formulations, or goods resulting from sudden changes in law, ingredient restrictions, or IFRA standards outside Fizzywhiz’s control.
1.40 Version Integrity
Where discrepancies exist between physical documents and online listings, the most recent Fizzywhiz version shall prevail.
1.41 Waiver and Severability
Failure to enforce any clause does not waive the right to enforce it later; invalid clauses do not affect the remainder.
1.42 Limitation on Advice and Training Materials
All training or educational content is for guidance only; professional verification remains the customer’s duty.
1.43 Survival of Clauses
All liability, IP, confidentiality, and indemnity clauses survive completion of any contract.
1.44 Right to Refuse Service and Terminate Accounts
Fizzywhiz may, at its sole discretion, refuse service, cancel orders, or terminate accounts to protect its business or staff.
1.45 Non-Disparagement Clause
Customers shall not post or publish false or defamatory content about Fizzywhiz or its personnel. Breach constitutes a material violation.
1.46 Legal and Administrative Costs for Enforcement
Fizzywhiz reserves the right to recover all legal, court, or administrative costs incurred in enforcing these Terms.
1.47 Evidence and Communication Policy
All communications with Fizzywhiz may be retained and used as evidence in any dispute or proceeding.
1.48 Abuse, Harassment, or Intimidation of Staff
Fizzywhiz operates zero tolerance for harassment or abuse of its staff. Offenders will be blocked and may be reported to authorities.
1.49 Mandatory Pre-Action Resolution
Customers must notify Fizzywhiz in writing of any issue and allow 30 days for response before initiating proceedings.
1.50 Limitation of Aggregate Liability
Total aggregate liability to a customer shall not exceed the total sums paid by that customer in the preceding 12 months.
1.51 Entire Agreement and No Reliance
These Terms form the entire agreement; no other representation or promise shall be binding.
1.52 Version Control and Publication
The current version published on Fizzywhiz’s website at the time of order governs that transaction.
1.53 Suspension of Digital Access
Access to Fizzywhiz digital services or portals may be withdrawn for legal, technical, or behavioural reasons. Customers retain previously issued assessments but Fizzywhiz has no duty to provide hosting, updates, or maintenance thereafter.
1.54 Acceptance on Purchase
Completing checkout or payment constitutes full acceptance of these Terms.
1.55 Courier Delays Disclaimer
Delivery dates are estimates only; Fizzywhiz is not liable for courier or customs delays.
1.56 Lawful Processing of Personal Data
Personal data are processed under UK GDPR for order fulfilment, compliance, and fraud prevention.
1.57 Severance of Invalid Use of Assessments
Any use of an assessment outside its authorised scope renders it void and removes Fizzywhiz liability.
1.58 Continuing Effect After Termination
All clauses relating to IP, confidentiality, indemnity, and governing law remain binding after termination.
1.59 Use of Brand and Intellectual Property
The Fizzywhiz name, logo, branding, trade dress, product imagery, and marketing materials are exclusive to Fizzywhiz. No use, imitation, or implication of endorsement is permitted without written consent. Unauthorised use may result in legal proceedings for infringement or passing off.
Section 2 – Assessment Sales & Subscriptions
Last Updated: 1 November 2025
2.1 General Scope and Applicability
These Terms apply to all Assessments purchased from Fizzywhiz, whether individually, 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. All Assessments, subscriptions, and related documents are issued subject to full acceptance of these Terms. Fizzywhiz reserves the right to amend or withdraw any offering at its sole discretion. The purchase of an Assessment does not create a partnership, employment, or agency relationship between the customer and Fizzywhiz. Customers confirm that they are acting as business users and acknowledge that consumer cancellation rights do not apply once access to digital documentation has been granted.
2.2 Subscription and Payments
Subscriptions renew automatically each month on the date of purchase unless cancelled in accordance with these Terms. Payments are non-refundable once digital access to subscription materials has been provided. All fees are payable in GBP and exclusive of applicable taxes. Fizzywhiz may change subscription pricing, token allocation, or inclusions with reasonable notice on the Portal.
If a subscription payment fails or is cancelled, all unused tokens, credits, bonuses, and subscriber-only benefits will expire automatically at the end of the paid period. Access to the free Fizzywhiz Portal remains available for document downloads and general use, but subscription-only materials, workbooks, templates, or offers will no longer be accessible or renewed.
Tokens issued under any subscription must be used within four (4) weeks of the corresponding payment date. Tokens do not carry over, accumulate, or roll forward to future billing periods, and unused tokens automatically expire at the end of each four-week cycle.
Where a subscription lapses, ends, or is cancelled, the customer forfeits any previous pricing, promotions, or bundle associated with that plan. Should the customer wish to rejoin at a later date, they must do so under the current subscription rate, structure, and inclusions available at that time. Fizzywhiz is not obliged to reinstate earlier offers, bonuses, or legacy pricing once a subscription has ended.
Customers are responsible for maintaining valid payment details and sufficient funds for recurring payments.
2.3 Scope of Assessment Purchase
The purchase price of any Assessment covers only its preparation, review, and issue at the time of purchase. It does not include future updates, revisions, re-issues, or assessor reviews unless agreed in writing. Any future updates or re-assessments arising from legislation, IFRA standards, or assessor guidance are chargeable at the then-current rate. Complimentary updates provided from time to time are discretionary and create no continuing entitlement. Customers acknowledge that Assessments represent point-in-time compliance documentation and that ongoing conformity with changing law remains their sole responsibility as the Responsible Person.
2.4 Access, Cancellation and Tokens
Subscriptions may be cancelled at any time by written notice or through the Portal. Access remains active until the end of the paid period. Completed Assessments remain accessible for download, but Fizzywhiz does not guarantee indefinite storage. Customers must download Assessments promptly, as later updates may overwrite earlier versions.
Tokens hold no cash value and cannot be transferred, sold, or exchanged. Tokens must be used within four (4) weeks of the corresponding payment date. Tokens do not carry over, accumulate, or roll forward to subsequent billing periods, and any unused tokens automatically expire at the end of each four-week cycle.
Customers must report any technical issues, access problems, or token-related concerns within the same four-week period in which they arise. Fizzywhiz cannot investigate, reinstate, or provide replacements for expired or unused tokens once that period has ended.
Misuse, duplication, or unauthorised transfer of tokens results in forfeiture and possible termination of subscription benefits without refund.
Fizzywhiz is not responsible for any unused tokens or unclaimed subscription features resulting from customer inaction, technical issues not reported within the active period, or failure to log in and redeem entitlements. Fizzywhiz reserves the right to verify usage data and, where applicable, provide evidence of portal functionality in response to any claim.
2.5 Promotions and Discounts
Promotions and discount codes are limited to one per person and household and cannot be used with other offers. Orders including digital content or Assessments are non-refundable once issued. Fizzywhiz may withdraw any promotion that is misused or applied contrary to its conditions. If a qualifying order is refunded in part, any free or discounted item must also be returned unused and in original condition.
2.6 Ownership and Restrictions
All recipes, formulations, and documentation remain the intellectual property of Fizzywhiz. Customers receive a limited, non-transferable licence to use Assessments only for manufacturing and sale of finished cosmetic products. No part may be copied, distributed, shared, or resold. Uploading Assessments or recipes to AI tools, automation platforms, or third-party systems for analysis or reproduction is prohibited. Reverse-engineering or recreating competing Assessments constitutes a material breach of contract. Violation of ownership or confidentiality obligations may result in termination, blacklisting, and pursuit of damages. Customers may not sell, license, include, or distribute Fizzywhiz Assessments or formulations as part of any business resale, transfer of assets, or service offering.
2.7 Portal Access and Technical Limitations
The Fizzywhiz Portal is provided as a complimentary digital platform for downloading and storing Assessments and related documents. Availability is not guaranteed; maintenance or technical downtime may occur. Fizzywhiz shall not be liable for any interruption, data loss, or business disruption arising from such downtime. Customers must maintain secure passwords and prevent unauthorised access. Fizzywhiz accepts no liability for misuse, unauthorised access, or loss of data caused by customer negligence. The Portal may be suspended or terminated if misuse, account sharing, or breach of these Terms is detected. Once a revised version of an Assessment is uploaded, previous versions may be overwritten and cannot be retrieved. The authoritative version of any Assessment is the one held by Fizzywhiz.
2.8 Responsible Person Clarification
Fizzywhiz provides Assessments and related documents but does not act as the Responsible Person under UK or EU Cosmetic Regulations. The customer is, at all times, the Responsible Person for their products, labelling, notifications, and compliance. All legal duties and liabilities rest solely with the customer. Fizzywhiz accepts no responsibility for errors, omissions, or misrepresentation in data submitted by the customer. Any amendment to product composition after issue requires a new Assessment. Assessments remain valid only while formulas and ingredient levels remain identical to those reviewed by the assessor. Use of a modified formulation renders the Assessment void. Customers must ensure manufacturing and labelling comply with Good Manufacturing Practice (GMP).
2.9 Responsible Person and Business Name Restrictions
Assessments are issued strictly to the Responsible Person and business name provided at the time of purchase. Once an Assessment has been created and released, the Responsible Person and business name cannot be changed, transferred, reassigned, or substituted. Any request to alter or update these details is treated as a new Assessment order and must be purchased at the current rate. Fizzywhiz and its assessors accept no liability for any document amended or used under a different name. Any such alteration renders the Assessment void and non-compliant. Customers are responsible for ensuring that the Responsible Person and business details submitted at purchase are accurate, final, and compliant before processing.
2.10 Government Portal Submissions
Submission of product or Assessment data to the UK Government Cosmetic Product Notification Portal or any other regulatory platform is the sole responsibility of the Responsible Person. Fizzywhiz does not submit, manage, or update customer product notifications. Failure to notify or update product listings on government systems is outside the control and liability of Fizzywhiz.
2.11 Regulatory Change and Implementation
When legislation, IFRA, SCCS, or REACH standards change, Fizzywhiz will review its Assessments as soon as reasonably practicable. Customers acknowledge that updates may require time depending on assessor availability and complexity. During any transition period Fizzywhiz shall not be considered in breach while acting in good faith to implement changes. Fizzywhiz reserves the right to amend, suspend, or withdraw any formulation affected by new restrictions. If a fragrance or ingredient becomes prohibited, Fizzywhiz may withdraw, rename, or substitute it at its discretion. Customers have no entitlement to replacement, refund, or compensation arising from regulatory withdrawal or reformulation.
2.12 Ownership, Confidentiality and Intellectual Property
All Assessments, recipes, documentation, and related intellectual property remain the exclusive property of Fizzywhiz. Customers may use Assessments only for internal manufacturing and compliance purposes while these Terms are observed. Sharing, reproducing, or distributing Assessments is strictly prohibited. Any misuse constitutes a material breach of contract. Fizzywhiz may monitor online platforms for misuse and pursue immediate removal or legal action. All Fizzywhiz logos, names, and brand materials are protected trademarks and may not be used without written consent. Use of the Fizzywhiz name or branding to imply endorsement is prohibited.
2.13 Customer Conduct and Communications
Customers must treat Fizzywhiz staff, assessors, and community members with respect. Abusive, defamatory, or threatening behaviour will not be tolerated. Fizzywhiz may terminate access without refund for misconduct. Private correspondence is confidential and may not be shared publicly. False or misleading statements about Fizzywhiz or its services may result in legal action. Repeated violations result in permanent blacklisting.
2.14 Liability and Indemnity
Fizzywhiz’s total liability for any Assessment or service shall not exceed the amount paid for it. Fizzywhiz is not liable for loss of profit, revenue, goodwill, or indirect damages. Customers agree to indemnify and hold harmless Fizzywhiz and its assessors from claims arising from misuse of Assessments or products made under them. Fizzywhiz provides compliance documentation only and does not guarantee commercial success.
2.15 Regulatory Updates and IFRA Compliance
Fizzywhiz will review and, where necessary, amend Assessments following significant IFRA, SCCS, or REACH changes that directly affect ingredients. Fizzywhiz is entitled to a reasonable period of time to interpret, review, and implement such amendments. Customers accept that IFRA amendments or ingredient restrictions may require re-assessment or withdrawal of products. Fizzywhiz may withdraw or rename products affected by new limits at its discretion and accepts no liability for cost, reformulation, or loss beyond its control.
2.16 Future Regulatory Delays and Transitional Compliance
Where multiple ingredient restrictions or reclassifications are announced within a short period, Fizzywhiz may prioritise updates at its discretion based on risk and volume. Customers acknowledge that transitional delays between published regulations and full Portal implementation are inevitable and do not constitute negligence or breach.
2.17 Portal Access Withdrawal and Archiving
Fizzywhiz may withdraw or archive older Assessments, formulations, or documents when superseded or discontinued. Such withdrawal does not affect the validity of documents already downloaded. Continued hosting of archived versions is not guaranteed, and customers must retain their own records securely.
2.18 Assessment Amendment Requests
Requests to alter, extend, or reformulate an existing Assessment constitute a new Assessment order subject to current pricing and assessor timelines. Fizzywhiz is under no obligation to amend previously issued Assessments free of charge, regardless of whether changes arise from customer preference, ingredient supply, or branding updates.
2.19 Use of Assessments by Third Parties
Assessments, formulations, and related documentation are issued solely to the named customer and business entity at the time of purchase. They may not be shared, transferred, licensed, or used by any third party or trading name without written consent from Fizzywhiz. Breach of this clause renders all affected documents void and may result in legal action.
Any payment dispute or chargeback initiated in relation to a completed Assessment, subscription, or portal access constitutes a material breach of these Terms. Fizzywhiz reserves the right to revoke access, withdraw documents, and recover all associated costs and fees arising from such disputes. In the event of any unauthorised or fraudulent chargeback, Fizzywhiz reserves the right to submit all purchase and portal-access records as evidence to the payment provider and to recover administrative costs incurred in defending the claim. Repeated or unjustified payment disputes may result in permanent blacklisting and refusal of all future service.
2.20 Branding and Representation Restrictions
Customers are not permitted to use the Fizzywhiz brand, logos, or visual identity in any form of marketing, packaging, or product representation without written consent. References to Fizzywhiz in descriptions, advertisements, or materials are prohibited unless authorised.
2.21 Legal Costs and Enforcement Rights
If Fizzywhiz is required to take enforcement, recovery, or legal action for breach of this Section, all related legal and administrative costs will be recoverable from the customer in addition to damages awarded.
2.22 Assessor Cooperation and Annual Review
Fizzywhiz works with independent qualified assessors to conduct periodic and annual reviews of documentation to maintain compliance with current cosmetic legislation. Annual reviews may lead to amendments to formulations, ingredient limits, or permitted usage levels. Fizzywhiz reserves the right to modify, replace, or withdraw Assessments or formulations following assessor recommendations. Customers acknowledge that such updates are implemented to maintain legal conformity and may occur without prior notice. Annual review activity is provided as a goodwill service and does not form part of the original Assessment cost. Fizzywhiz may charge additional fees for reissued documents or assessor reviews required to maintain compliance, and customers are responsible for implementing any changes identified during reviews.
2.23 Assessor Error or Human Error
In the event an assessor or administrative error is identified within an Assessment, Fizzywhiz will take reasonable steps to correct the issue. Fizzywhiz’s obligation is limited to providing a corrected document. Fizzywhiz shall not be responsible for any consequential losses, product disposal, relabelling expenses, or business interruption arising from such correction. Issuance of a corrected Assessment constitutes full and final resolution of the matter.
2.24 External Complaints and Resolution Period
If a customer raises a concern with external authorities such as the Office for Product Safety and Standards (OPSS), Trading Standards, or Environmental Health, the customer must first notify Fizzywhiz in writing and allow fourteen (14) working days for review before escalating the matter. Fizzywhiz will investigate all legitimate concerns in good faith, but customers acknowledge that resolution may exceed fourteen (14) days where assessor consultation or multiple document reviews are required due to the number of Assessments involved. Fizzywhiz shall not be held liable for delays reasonably required to complete this process.
2.25 Costs and Limitation of Liability for Corrections
Where Fizzywhiz provides a practical resolution, correction, or replacement document, the customer is not entitled to reimbursement of any associated costs, including relabelling, reformulation, or packaging disposal. Fizzywhiz’s responsibility ends upon delivery of the corrected document, and no further liability shall arise for any temporary suspension, withdrawal, or recall undertaken as part of corrective action.
2.26 Customer Allegations or Findings
Customers alleging an error or non-compliance in an Assessment must provide full written details with supporting evidence. Fizzywhiz will review the allegation at its discretion and, where necessary, consult the assessor. Unless verified in writing by Fizzywhiz or its assessor, there is no obligation to recall, amend, or replace the Assessment. Fizzywhiz accepts no liability for voluntary customer actions or statements based on unverified opinions or findings. Verified issues will be corrected following Fizzywhiz’s standard resolution procedure, which constitutes full and final settlement.
2.27 Dispute Resolution and Conduct
Customers must notify Fizzywhiz of any dispute in writing and allow fourteen (14) working days for review before escalating externally. Fizzywhiz shall not be deemed in breach while acting in good faith to resolve any issue requiring assessor or legal input. Premature escalation, social-media publication, or defamatory statements prior to expiry of the review period constitute breach of contract. Fizzywhiz reserves the right to recover legal costs and damages arising from false or defamatory statements.
2.28 Customer Insurance and Indemnification
Customers must maintain valid and adequate product liability insurance covering all products manufactured under Fizzywhiz Assessments. Proof of insurance may be requested at any time. Customers agree to indemnify and hold harmless Fizzywhiz, its assessors, and staff against any claims, damages, or enforcement actions resulting from their manufacture, marketing, or sale of products.
2.29 Disclaimer of Business or Legal Advice
Assessments and documentation provided by Fizzywhiz are for cosmetic safety and compliance purposes only and do not constitute legal, financial, or business advice. Customers must obtain independent professional advice as required. Fizzywhiz accepts no liability for commercial decisions or marketing claims based on its materials.
2.30 Notification of Updates and Customer Responsibility
Fizzywhiz may update these Terms, Assessments, or supporting documentation at any time to reflect regulatory, operational, or procedural changes. Notification of updates shall be made by publication on the Fizzywhiz website or within the Fizzywhiz Portal. Customers are responsible for reviewing updates and acting upon them. Continued access to or use of the Portal or Assessments following an update constitutes acceptance of the revised Terms. Fizzywhiz is not required to provide individual notifications and shall not be liable for any enforcement action arising from a customer’s failure to review updates.
2.31 Industry-Wide Ingredient and Regulatory Changes
Customers acknowledge that international and domestic frameworks including IFRA Standards, REACH, CLP, and SCCS Opinions are continually amended. Such amendments may restrict or prohibit ingredients used in existing Assessments or formulations. Fizzywhiz has no control over these developments and shall not be responsible for any resulting limitations, reformulations, or discontinuations affecting a customer’s range. During periods of widespread industry change, Fizzywhiz shall be entitled to a reasonable transition period to interpret and implement amendments across all affected Assessments. Large-scale updates may take several months to complete and such timeframes do not constitute breach of contract.
2.32 Temporary Invalidity During Legislative Change
Where new legislation, regulatory amendments, or IFRA updates render an Assessment temporarily invalid, Fizzywhiz shall not be liable during the period required to obtain revised data, assessor review, or compliance confirmation. Customers acknowledge that during such transitional phases products may need to be suspended or modified until revised documentation is available. Fizzywhiz shall not be responsible for any losses or enforcement action occurring during these periods provided reasonable efforts are being made to secure updated Assessments.
2.33 Evidence, Record-Keeping and Cooperation with Authorities
Fizzywhiz maintains internal records of Assessment versions, ingredient data, and assessor correspondence to demonstrate due diligence. These records constitute conclusive evidence of compliance effort and document history in the event of any regulatory enquiry or dispute. Fizzywhiz may cooperate fully with competent authorities, including but not limited to the Office for Product Safety and Standards (OPSS), Trading Standards, and Environmental Health, where clarification or documentation is requested. Such cooperation shall not constitute acceptance of liability for any customer’s manufacturing, labelling, or selling practices. Fizzywhiz’s obligation ends upon providing accurate factual information and documentation held in its records, and customers remain solely responsible for their own compliance and product safety. Fizzywhiz maintains electronic records of orders, portal access, and document downloads. Such electronic records and digital acknowledgements constitute valid evidence of agreement, delivery, and receipt for all legal and administrative purposes.
2.34 Government Portal Notifications
Submission of product data, formula notifications, or any associated documentation to the UK Government Cosmetic Product Notification Portal or any equivalent authority portal is the full responsibility of the Responsible Person. Fizzywhiz does not manage, submit, or update product entries on behalf of customers. Failure by a customer to complete these legal obligations does not constitute negligence by Fizzywhiz.
2.35 Third-Party Ingredients and Materials
Where a customer sources ingredients or materials from suppliers other than Fizzywhiz, the customer is solely responsible for verifying suitability, purity, safety, and compliance of those ingredients. Fizzywhiz provides no assurance or compatibility guarantee for third-party raw materials, fragrances, micas, dyes, or glitters not supplied by Fizzywhiz. Use of Fizzywhiz Assessments with substitute or non-approved ingredients automatically invalidates the Assessment in full.
2.36 Use of Recipes, Kits, and Formulations
All Fizzywhiz kits, formulations, and recipes are provided for the sole use of the purchasing customer. These materials, including digital or printed recipes, may not be sold, shared, duplicated, or distributed in any format. Customers must not reproduce or repurpose Fizzywhiz formulations under another brand or combine them with non-Fizzywhiz fragrance oils, colourants, or additives unless specifically permitted. Any use of Fizzywhiz Assessments or recipes with ingredients other than those supplied or approved by Fizzywhiz renders the Assessment void.
2.37 Branding and Representation Restrictions
Customers are not permitted to use the Fizzywhiz name, logo, or brand identity in marketing, packaging, websites, or social media content without written consent. Any statement suggesting endorsement, partnership, or approval by Fizzywhiz is prohibited. Breach of this clause constitutes a material violation of contract and may result in immediate removal of access, permanent blacklisting, and pursuit of legal action for damages or brand misuse.
2.38 Portal Notifications and Customer Responsibility
Fizzywhiz may post regulatory notices, formulation updates, or product withdrawals within the customer Portal. Customers are required to check the Portal regularly for updates or amendments that may affect product compliance. Fizzywhiz is not liable for any non-compliance arising from a customer’s failure to review or act upon Portal notifications.
2.39 Legal Costs and Enforcement Rights
If Fizzywhiz is required to take legal or enforcement action to recover losses or prevent misuse, all related legal, administrative, and investigative costs are recoverable from the customer in addition to any damages awarded. Fizzywhiz reserves the right to seek injunctions or other remedies necessary to protect its intellectual property, brand integrity, and regulatory reputation.
2.40 Entire Agreement and Precedence
This Section, together with the remaining Fizzywhiz Terms & Conditions, constitutes the entire agreement between Fizzywhiz and the customer regarding Assessments, subscriptions, and associated documentation. It supersedes any prior understanding, representation, or implied commitment. In the event of inconsistency between any public statement and these Terms, the provisions herein shall prevail.
2.41 Portal Termination and Withdrawal
Fizzywhiz reserves the right to discontinue, retire, or permanently close the Fizzywhiz Portal at any time, whether for business, operational, or technical reasons. In the event of Portal closure, Fizzywhiz will provide reasonable notice, during which customers must download and securely store their Assessments and related documents. Upon termination of the Portal, all hosting, access, and download functionality will cease, and Fizzywhiz shall have no ongoing obligation to provide copies, updates, or replacement access thereafter. Portal closure does not affect the validity of Assessments already downloaded by customers, which shall remain legally recognised subject to their continued compliance with regulatory requirements. No refunds, credits, or compensation shall be due in connection with the termination, withdrawal, or modification of the Portal service.
2.42 Data Retention, Confidentiality, and Non-Sharing
Following closure of the Portal or termination of a customer’s access, Fizzywhiz may securely archive or permanently delete all associated account data, download logs, and document access history. Once deleted, such data cannot be recovered. Fizzywhiz is not obliged to retain copies of Assessments or correspondence beyond its internal retention policy. Customers are responsible for maintaining their own secure records of downloaded documents and compliance evidence.
All materials, documents, training resources, recipes, videos, and communications provided within the Fizzywhiz Portal are confidential and intended solely for the purchasing customer. Customers must not copy, screenshot, record, distribute, disclose, or share any content from the Portal, whether free or paid, in whole or in part, through any online or offline channel, including social media, websites, or private groups. Sharing, reproducing, or otherwise distributing Portal content without prior written permission from Fizzywhiz constitutes a material breach of these Terms and may result in immediate termination of access, permanent blacklisting from future services, and legal action to recover damages or protect intellectual property.
Fizzywhiz processes and stores customer information in compliance with UK GDPR and the Data Protection Act 2018. Data is used solely for account administration, document access, and regulatory communication purposes. Fizzywhiz does not share, sell, or disclose personal or business data to third parties other than its assessors, payment processors, or legal advisers when necessary for legitimate business or compliance purposes.
2.43 Survival of Terms
All clauses concerning ownership, intellectual property, confidentiality, Responsible Person duties, liability, indemnity, and enforcement shall survive the termination or expiry of Portal access, subscriptions, or services. Closure of the Portal or completion of any subscription does not release the customer from obligations previously incurred under these Terms, nor does it grant permission to use, share, or distribute any previously obtained content after termination.
2.44 Service Migration or Platform Change
Fizzywhiz reserves the right to migrate digital services, subscriptions, or customer data to an alternative platform or system without prior consent, provided reasonable notice is given. Continuation of access through any successor platform shall be deemed acceptance of equivalent terms. Fizzywhiz is not required to maintain legacy systems, formats, or previous access methods once a migration is completed.
2.45 Portal Termination and Withdrawal
Fizzywhiz reserves the right to discontinue, retire, or permanently close the Fizzywhiz Portal at any time for business, operational, or technical reasons. In the event of Portal closure, Fizzywhiz will provide reasonable notice, during which customers must download and securely store their Assessments and related documents. Once the Portal is closed, all access and hosting will cease, and Fizzywhiz shall have no ongoing obligation to provide copies, updates, or replacement access. Closure of the Portal does not affect the validity of Assessments already downloaded by customers, provided those Assessments remain compliant. No refunds, credits, or compensation shall be due in connection with the withdrawal or termination of the Portal service.
2.46 Final Interpretation
In the event of ambiguity, omission, or conflict between clauses, Fizzywhiz’s interpretation shall prevail to the extent permitted by law. These Terms are governed by the laws of England and Wales, and any dispute shall be subject to the exclusive jurisdiction of the courts of England and Wales. If any provision of this Section is found invalid or unenforceable, the remaining provisions shall continue in full force. Headings are for convenience only and do not affect interpretation.
2.47 Limitation of Claims Period
Any claim, dispute, or request for review relating to an Assessment, subscription, or associated service must be submitted in writing within thirty (30) days of the event giving rise to the claim. After this period, Fizzywhiz shall have no obligation to investigate, correct, or compensate, and all such claims are deemed irrevocably waived.
2.48 Regulatory Notifications and Response Times
Where regulatory changes or enforcement requests are received from assessors, suppliers, or authorities, Fizzywhiz shall be entitled to a reasonable period to review and implement necessary actions. Customers acknowledge that immediate updates may not be possible due to the scope and volume of documentation involved, and that such response times do not constitute negligence or breach.
2.49 Non-Assignment and Third-Party Use
Rights granted under these Terms, including use of Assessments and access to the Portal, are personal to the purchasing customer and may not be assigned, sublicensed, or transferred to any other individual or business without written consent from Fizzywhiz. Any unauthorised assignment or transfer renders all associated Assessments and access rights void.
2.50 Force Majeure
Fizzywhiz shall not be liable for delay, suspension, or failure to perform any obligation under these Terms where such delay or failure results from events beyond its reasonable control, including but not limited to regulatory amendments, assessor unavailability, data-system failure, fire, flood, or governmental action.
2.51 No Waiver of Enforcement Rights
Failure or delay by Fizzywhiz to enforce any provision of these Terms shall not operate as a waiver of that provision or any subsequent right to enforce it. Any waiver must be expressly confirmed in writing by an authorised representative of Fizzywhiz.
2.52 Regulatory Interpretation Disclaimer
Fizzywhiz provides Assessments and supporting materials based on current UK and EU cosmetic regulations and assessor interpretation at the time of issue. Regulatory standards are subject to ongoing revision and differing interpretations by authorities or assessors. Fizzywhiz accepts no responsibility for variations in interpretation, enforcement, or opinion between assessors, laboratories, or government agencies.
2.53 No Right of Replication or Derivative Work
Customers must not use any Fizzywhiz Assessment, recipe, or formulation as the basis for creating new or derivative documentation, whether for personal, commercial, or resale purposes. The creation of substitute or imitation assessments derived from Fizzywhiz documentation constitutes a breach of copyright and may result in legal proceedings for infringement.
2.54 Evidence of Compliance
In the event of a regulatory investigation, Fizzywhiz may provide evidence of the version, date, and scope of any Assessment issued. Such records shall be deemed definitive proof of document status and compliance effort at the time of issue. Customers accept these records as binding and conclusive evidence of Fizzywhiz’s fulfilment of its obligations.
2.55 Termination for Legal or Reputational Risk
Fizzywhiz reserves the right to terminate access, revoke Portal privileges, or refuse future service to any customer where continued association is deemed to pose legal, regulatory, or reputational risk. Such termination may occur without refund, and all remaining rights under these Terms shall immediately cease.
2.56 Public Statements and Reputation Protection
Customers must not publish, post, or circulate defamatory, false, or misleading statements about Fizzywhiz, its staff, assessors, or services. Any such act will be treated as a material breach of contract and may result in termination of access, blacklisting, and legal proceedings to recover damages for defamation or interference with business.
2.57 Notices and Communication Validity
All official communications from Fizzywhiz, including updates, notices, or amendments to these Terms, are deemed delivered once sent to the customer’s registered email address or published within the Portal. Customers are responsible for ensuring their contact information remains accurate and for checking both the Portal and email for official updates. Fizzywhiz is not liable for missed notices due to outdated or incorrect customer details.
2.58 Ongoing Compliance Obligation
Customers acknowledge that continued lawful sale or distribution of products manufactured under Fizzywhiz Assessments requires ongoing adherence to cosmetic regulations, IFRA guidelines, and all applicable standards. Fizzywhiz’s responsibility ends upon the provision of the Assessment. Subsequent manufacture, labelling, marketing, and storage remain entirely the customer’s responsibility.
2.59 Fraud, Misuse, and Investigation Cooperation
Fizzywhiz reserves the right to investigate suspected fraud, misuse, or unauthorised use of its Assessments, Portal, or documentation. Customers must cooperate fully with any investigation, including providing proof of identity, purchase, and Responsible Person details. Fizzywhiz may suspend access while an investigation is ongoing and shall not be liable for loss of access during this period. Fizzywhiz may request proof of identity, business registration, or Responsible Person details at any time to prevent fraud or misuse. Failure to provide verification within seven (7) days of request may result in immediate suspension or termination of access without refund.
2.60 Evidence for Legal Defence
Fizzywhiz may retain and use correspondence, purchase history, and portal activity logs as evidence in any legal, regulatory, or enforcement proceedings to defend its business or staff. Customers consent to the lawful use of such records for evidential purposes.
2.61 Non-Reliance on Verbal Communication
No verbal statement, message, or informal communication from any Fizzywhiz representative or assessor shall override or vary these Terms. Only written confirmations issued directly by Fizzywhiz management are binding.
2.62 Service Suspension for Maintenance or Risk
Fizzywhiz may temporarily suspend Portal functions or document downloads for scheduled maintenance, security, or compliance review. Suspension does not entitle customers to compensation or refund.
Service Availability Disclaimer:
Fizzywhiz uses reputable third-party hosting, storage, and payment platforms but cannot guarantee uninterrupted availability of any digital service. Temporary interruptions, maintenance periods, or technical issues may occur without notice. Such interruptions do not entitle customers to compensation, extension of tokens, or refund, provided Fizzywhiz acts reasonably to restore normal service within a practical timeframe.
2.63 Governing Language
These Terms are written in English and are to be interpreted under English law. If translated, the English version shall prevail in all interpretations and disputes.
2.64 Complete Closure of Services
If Fizzywhiz permanently ceases to trade, sells the business, or discontinues all digital operations, customers acknowledge that all services, updates, and access will terminate without refund or continuation. Previously issued Assessments shall remain valid only while compliant with prevailing law.
End-of-Service Record Retention:
Customers are solely responsible for securely downloading and storing all Assessments, compliance documents, and related materials required for their business records before closure of any Fizzywhiz service or portal. Fizzywhiz is not obliged to retain or provide replacement copies after service closure or account termination. Any documents or materials not downloaded prior to closure will be deemed forfeited and unavailable for future retrieval.
2.65 Severability of Invalid Use
If any Assessment or document is used outside its intended scope, with unapproved ingredients, or in breach of these Terms, that Assessment automatically becomes void without affecting the validity of remaining Assessments.
2.66 No Third-Party Rights
Nothing in these Terms confers any rights on third parties to enforce or benefit from them under the Contracts (Rights of Third Parties) Act 1999.
2.67 Time Zone and Legal Venue Clarification
All references to time, notice periods, and deadlines operate on United Kingdom time (GMT/BST). Any dispute or proceeding must be brought before the courts of England and Wales.
2.68 Notices and Evidence of Delivery
Notices sent by Fizzywhiz to the customer’s registered email address or via the Portal shall be deemed received on the date of sending. Proof of dispatch from Fizzywhiz’s systems shall constitute conclusive evidence of delivery.
Digital Delivery Confirmation:
Delivery of digital content is deemed complete once download access or an email link has been sent to the customer’s registered email address or made available within their Fizzywhiz Portal account. Fizzywhiz’s internal records of dispatch, access logs, or download history constitute definitive proof of delivery and fulfilment. Claims of non-receipt will not be accepted where system records confirm successful delivery or access availability
2.69 Audit and Verification Rights
Fizzywhiz reserves the right to request proof from customers that products made under its Assessments are manufactured in accordance with Good Manufacturing Practice. Failure to supply evidence upon request may result in suspension of access or cancellation of the Assessment.
Audit and Misuse Investigation:
Fizzywhiz reserves the right to verify that Assessments, recipes, and formulations are being used strictly in accordance with these Terms. Verification may include requesting product photographs, ingredient records, Responsible Person details, or evidence of manufacturing practice. Failure to cooperate with a verification request, or any evidence of misuse, misrepresentation, or reproduction of Fizzywhiz materials, may result in immediate suspension of access, termination of benefits, and legal action for breach of contract or intellectual property infringement.
2.70 Successor and Assignment by Fizzywhiz
Fizzywhiz may transfer or assign its rights, obligations, or intellectual property interests under these Terms to a successor entity, purchaser, or associated company without customer consent. Continued use of any service constitutes acceptance of such transfer.
2.71 Business-to-Business Nature of Contract
All Assessments, subscriptions, and related services are supplied on a business-to-business basis. Customers confirm that they are purchasing as traders for use in their business and not as consumers. Consumer legislation, including cancellation rights under the Consumer Contracts Regulations 2013, does not apply.
2.72 Governing Regulatory Scope
Assessments and compliance documentation are prepared solely under United Kingdom cosmetic law and associated EU legacy regulations where applicable. Fizzywhiz gives no assurance that its documents satisfy the requirements of any other jurisdiction. Customers operating outside the UK are responsible for obtaining local regulatory confirmation.
2.73 Interpretation Priority
If any conflict arises between marketing materials, FAQs, customer communications, or portal summaries and these Terms, the provisions of this Section shall take precedence.
2.74 Acceptance of Terms
By purchasing an Assessment, subscribing to the Fizzywhiz Portal, or accessing any associated digital content, the customer acknowledges that they have read, understood, and agreed to be bound by these Terms in full. Continued use of the Portal or Assessments after any update constitutes renewed acceptance.
Section 3 – General
Last Updated: 1 November 2025
3.1 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.
3.2 Data Retention and Archiving
Fizzywhiz retains order and compliance records for as long as required by law or legitimate business need. After the retention period, records may be securely deleted or anonymised. Customers are responsible for maintaining their own copies of essential compliance documents.
3.3 Data Access Requests
Customers may request access to or deletion of their personal data in accordance with UK GDPR by contacting Fizzywhiz in writing. Fizzywhiz may retain limited records as required for regulatory, financial, or legal compliance purposes.
3.4 Security & Login Responsibility
Customers are responsible for maintaining the confidentiality of their login details and for restricting access to their accounts. Fizzywhiz accepts no liability for any loss, damage, or unauthorised use resulting from a customer’s failure to safeguard their credentials.
3.5 System Records and Evidence
Fizzywhiz maintains electronic records of orders, portal access, communications, and downloads. These records constitute conclusive proof of transactions, delivery, and account activity for all administrative and legal purposes.
3.6 Confidentiality of Communications
All communications, support responses, and documentation provided by Fizzywhiz are confidential and may not be copied, shared, published, or distributed without prior written consent.
3.7 Acceptable Use of Website and Portal
Customers must not misuse the Fizzywhiz website or portal by introducing viruses, attempting unauthorised access, scraping content, or otherwise interfering with its operation. Misuse may result in account termination and legal action.
3.8 Artificial Intelligence and Automated Tools
Customers must not use automated systems, AI tools, or data-scraping software to copy, analyse, or reproduce Fizzywhiz content, assessments, or training materials. Any attempt to upload or feed Fizzywhiz materials into AI platforms for duplication, re-training, or redistribution is strictly prohibited and constitutes a material breach of contract.
3.9 Service Availability Disclaimer
Fizzywhiz does not guarantee that its website, portal, or digital services will be available at all times. Temporary interruptions may occur due to maintenance, upgrades, or circumstances beyond its control. Such interruptions do not entitle customers to compensation or refund.
3.10 Cybersecurity and Third-Party Integrations
Fizzywhiz uses secure, industry-standard systems to protect data and digital content but cannot guarantee complete security against unauthorised access or cyber-attacks. Where customers use third-party apps, integrations, or plug-ins with the Fizzywhiz portal or website, those tools are used at the customer’s own risk and subject to the provider’s terms.
3.11 Force Majeure
Fizzywhiz is not liable for delays or failure to perform obligations under these Terms caused by events outside its reasonable control, including natural disasters, war, strikes, illness, technical failures, supply-chain disruption, or government restrictions.
3.12 Third-Party Fulfilment
Fizzywhiz may use approved third-party couriers or logistics partners to process and deliver orders. Use of such partners does not transfer responsibility for compliance, accuracy, or quality control away from Fizzywhiz.
3.13 Retention of Title
Physical goods remain the property of Fizzywhiz until payment has been received in full. Customers must not resell, alter, or use the goods as security while any balance remains outstanding.
3.14 Insurance Disclaimer
Customers must maintain valid product-liability insurance covering all goods manufactured or sold using Fizzywhiz assessments, kits, or materials. Fizzywhiz accepts no liability for uninsured losses or claims.
3.15 Audit Rights
Fizzywhiz may request evidence that products manufactured under its assessments are produced in accordance with Good Manufacturing Practice and relevant regulatory standards. Failure to provide evidence may result in suspension or termination of access.
3.16 Customer Warranties
Customers warrant that they will comply with all applicable laws, regulations, and standards relevant to their business activities and that Fizzywhiz materials will not be used for unlawful, misleading, or unsafe purposes.
3.17 Indemnity
Customers agree to indemnify and hold Fizzywhiz harmless against all claims, damages, penalties, fines, costs, and expenses (including legal fees) arising from misuse of assessments, recipes, documents, or products manufactured using Fizzywhiz materials.
3.18 Legal & Debt Recovery Costs
If Fizzywhiz is required to pursue legal action, enforcement, or debt recovery against a customer, it reserves the right to recover all associated costs, fees, and interest in addition to outstanding sums.
3.19 Chargebacks and Fraud Prevention
Unauthorised or unfounded payment disputes constitute breach of contract. Fizzywhiz may submit order data, IP logs, and portal-access evidence to payment processors in defence of any claim and recover administrative costs associated with the investigation.
3.20 Termination at Will
Fizzywhiz may terminate a customer’s access to assessments, subscriptions, or services at any time, at its sole discretion and without refund, where necessary to protect its business, staff, or reputation.
3.21 No Guarantee of Success
Fizzywhiz makes no guarantee of specific sales results, customer growth, or business success through the use of its assessments, kits, or services. Business outcomes remain solely the responsibility of the customer.
3.22 IP Monitoring & Enforcement
Fizzywhiz reserves the right to monitor the use of its intellectual property, branding, recipes, and assessments both online and offline and to take enforcement action—including takedown requests, cease-and-desist letters, or legal proceedings—against any unauthorised use.
3.23 Publicity & Marketing Restriction
Customers must not use the Fizzywhiz name, brand, logo, or likeness in marketing, advertising, or promotional materials without prior written consent.
3.24 Public Statements and Defamation
Customers must not publish, post, or circulate false, defamatory, or misleading statements about Fizzywhiz, its staff, assessors, or services. Breach of this clause constitutes a material violation of these Terms and may result in termination of access, blacklisting, and legal proceedings to recover damages or protect reputation.
3.25 Respectful Conduct
Fizzywhiz promotes a positive and professional environment across all platforms. Abusive, threatening, or harassing behaviour toward Fizzywhiz staff or community members will not be tolerated and may result in immediate termination of access, account closure, and refusal of future service.
3.26 Social Media and Public Conduct
Customers must not use social media, forums, or online groups to make negative, misleading, or speculative statements about Fizzywhiz, its products, or staff. Concerns should be raised privately and professionally through approved support channels. Public commentary that damages reputation may result in removal of access, legal action, or reporting to platform moderators.
3.27 Export & International Use Disclaimer
Fizzywhiz assessments are prepared under UK and EU cosmetic regulations. Customers operating outside these jurisdictions are responsible for ensuring compliance with their own local laws. Fizzywhiz accepts no liability for international use.
3.28 Educational Use Disclaimer
Any training, advice, or guidance provided by Fizzywhiz is for informational purposes only and does not constitute legal, regulatory, or business advice. Customers remain responsible for ensuring their own compliance and professional judgement.
3.29 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.
3.30 No Partnership or Agency
Nothing in these Terms creates a partnership, joint venture, or agency relationship between Fizzywhiz and the customer. Customers may not represent themselves as agents or partners of Fizzywhiz.
3.31 Waiver
No waiver by Fizzywhiz of any breach of these Terms shall be considered a waiver of any subsequent breach.
3.32 Severability
If any provision of these Terms is found unenforceable or invalid by a court, the remaining provisions shall continue in full force and effect.
3.33 Entire Agreement
These Terms & Conditions, together with the Privacy Policy, Delivery Information, and any written agreements confirmed by Fizzywhiz, constitute the entire agreement between Fizzywhiz and the customer. No employee or agent may vary these Terms without written confirmation.
3.34 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.
3.35 Amendment of Terms
Fizzywhiz may amend these Terms at any time. Notice of significant changes will be provided via the website or portal, and continued use of services constitutes acceptance of the updated Terms.
3.36 Notices & Communications
All official communications—including billing, policy updates, and service notices—will be sent to the customer’s registered email address. Customers are responsible for keeping contact details current and checking their inbox and spam folders. Fizzywhiz is not responsible for missed notices caused by outdated information.
3.37 Limitation of Claims Period
Any claim, dispute, or action against Fizzywhiz (including refund requests, order errors, or alleged breaches) must be raised within thirty (30) days of the event giving rise to the claim. After this period, Fizzywhiz shall have no obligation to investigate or compensate.
3.38 Survival of Protections
Provisions relating to intellectual property, confidentiality, disclaimers, liability limits, indemnity, and misuse restrictions shall survive termination or expiry of any service.
3.39 Escalation & Alternative Dispute Resolution (ADR)
Fizzywhiz may, at its discretion, refer unresolved disputes to an independent UK-approved ADR body. Customers agree that any ADR decision may be binding.
3.40 Complaint Handling
Customers must raise any service or product concerns directly with Fizzywhiz in writing and allow fourteen (14) working days for investigation before escalating to external bodies or posting publicly. Fizzywhiz will act in good faith to resolve legitimate issues within a reasonable timeframe.
3.41 Account Suspension During Investigation
Fizzywhiz may temporarily restrict access to accounts, documents, or services while investigating suspected misuse, non-payment, or breach of these Terms. Such suspension does not entitle the customer to refund or compensation.
3.42 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.
3.43 Replacement and Reissue Policy
Fizzywhiz may, at its discretion, replace or reissue digital documents or physical goods where a verifiable error has occurred. Replacement or reissue constitutes full and final resolution of the matter. No further compensation, refund, or liability shall arise once the replacement has been provided.
3.44 Compliance Disclaimer
Fizzywhiz provides documentation and materials based on current regulatory standards and assessor interpretation at the time of issue. Regulations may change, and differing interpretations may exist between assessors or authorities. Fizzywhiz is not responsible for variations, enforcement outcomes, or regulatory opinions beyond its control.
3.45 Time Zone & Legal Venue
All dates, times, and deadlines operate on UK time (GMT/BST). Any legal proceedings must be filed in the courts of England and Wales, which shall have exclusive jurisdiction.
3.46 Business Account Responsibility
Where a customer operates a business account or portal under a trading name, they confirm that they are authorised to act on behalf of that business. Fizzywhiz accepts no responsibility for disputes arising between business partners, employees, or third parties regarding use of that account or any purchased services.
3.47 Insolvency of Customer
If a customer becomes insolvent, ceases trading, or enters administration, all outstanding sums become immediately due and payable. Fizzywhiz reserves the right to terminate access and withdraw services without notice.
3.48 Governing Law & Language
These Terms are governed by and construed in accordance with the laws of England and Wales. They are written in English; if translated, the English version shall prevail.
3.49 Continuity of Obligations
If Fizzywhiz undergoes a change of ownership, merger, or reorganisation, these Terms shall remain binding on all existing customers, and obligations incurred prior to the change shall continue in effect.
3.50 Headings Disclaimer
Headings are for convenience only and do not affect interpretation.
3.51 References and Examples
References to laws, standards, or examples in these Terms are provided for clarity and do not limit their general meaning. Examples are illustrative only and not exhaustive.
3.52 Interpretation Priority
In the event of conflict between any Fizzywhiz communication, policy, or marketing material and these Terms, the provisions of these Terms shall prevail.
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