TERMS OF USE
BACKGROUND:
This agreement applies as between you, the User of this Website and
NaturaSKIN, the owner(s) of this Website. Your agreement to comply with and
be bound by these terms and conditions is deemed to occur upon your first
use of the Website. If you do not agree to be bound by these terms and
conditions, you should stop using the Website immediately.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
“Content” means any text, graphics, images, audio, video, software, data
compilations and any other form of information capable of being stored in a
computer that appears on or forms part of this Website;
“NaturaSKIN”
means NaturaSKIN naturaskin.co.uk;
“Service” means collectively any online facilities, tools, services or information
that NaturaSKIN makes available through the Website either now or in the
future;
“Premises” Means our place(s) of business located at naturaskin.co.uk;
“System” means any online communications infrastructure that NaturaSKIN
makes available through the Website either now or in the future. This
includes, but is not limited to, web-based email, message boards, live chat
facilities and email links;
“User” / “Users” means any third party that accesses the Website and is not
employed by NaturaSKIN and acting in the course of their employment; and
“Website” means the website that you are currently using (naturaskin.co.uk)
and any sub-domains of this site (e.g. subdomain.naturaskin.co.uk) unless
expressly excluded by their own terms and conditions.
2. Intellectual Property
2.1 Subject to the exceptions in Clause 3 of these Terms and Conditions, all
Content included on the Website, unless uploaded by Users, including, but
not limited to, text, graphics, logos, icons, images, sound clips, video clips,
data compilations, page layout, underlying code and software is the property
of NaturaSKIN, our affiliates or other relevant third parties. By continuing to
use the Website you acknowledge that such material is protected by
applicable United Kingdom and International intellectual property and other
laws.
2.2 Subject to Clause 4 you may not reproduce, copy, distribute, store or in
any other fashion re-use material from the Website unless otherwise indicated
on the Website or unless given express written permission to do so by
NaturaSKIN.
3. Third Party Intellectual Property
3.1 Unless otherwise expressly indicated, all Intellectual Property rights
including, but not limited to, Copyright and Trademarks, in product images
and descriptions belong to the manufacturers or distributors of such products
as may be applicable.
3.2 Subject to Clause 4 or you may not reproduce, copy, distribute, store or in
any other fashion re-use such material unless otherwise indicated on the
Website or unless given express written permission to do so by the relevant
manufacturer or supplier.
4. Fair Use of Intellectual Property
Material from the Website may be re-used without written permission where
any of the exceptions detailed in Chapter III of the Copyright Designs and
Patents Act 1988 apply.
5. Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these
sites are not under the control of NaturaSKIN or that of our affiliates. We
assume no responsibility for the content of such Websites and disclaim
liability for any and all forms of loss or damage arising out of the use of them.
The inclusion of a link to another site on this Website does not imply any
endorsement of the sites themselves or of those in control of them.
6. Links to this Website
Those wishing to place a link to this Website on other sites may do so only to
the home page of the site < > without prior permission. Deep linking (i.e. links
to specific pages within the site) requires the express permission of
NaturaSKIN. To find out more please contact us by email at < > or < >. 7.
Use of Communications Facilities 7.1 When using the enquiry form or any
other System on the Website you should do so in accordance with the
following rules: 7.1.1 You must not use obscene or vulgar language; 7.1.2
You must not submit Content that is unlawful or otherwise objectionable. This
includes, but is not limited to, Content that is abusive, threatening, harassing,
defamatory, ageist, sexist or racist; 7.1.3 You must not submit Content that is
intended to promote or incite violence; 7.1.4 It is advised that submissions
are made using the < > language(s) as we may be unable to respond to
enquiries submitted in any other languages;
7.1.5 The means by which you identify yourself must not violate these terms
of use or any applicable laws;
7.1.6 You must not impersonate other people, particularly employees and
representatives of NaturaSKIN or our affiliates; and
7.1.7 You must not use our System for unauthorised mass-communication
such as “spam” or “junk mail”.
7.2 You acknowledge that NaturaSKIN reserves the right to monitor any and
all communications made to us or using our System.
7.3 You acknowledge that NaturaSKIN may retain copies of any and all
communications made to us or using our System.
7.4 You acknowledge that any information you send to us through our System
may be modified by us in any way and you hereby waive your moral right to
be identified as the author of such information. Any restrictions you may wish
to place upon our use of such information must be communicated to us in
advance and we reserve the right to reject such terms and associated
information.
7.5 In order to use the enquiry form and any other communication facility that
may be added in the future on this Website, you are required to submit certain
personal details. By continuing to use this Website you represent and warrant
that:
7.5.1 Any information you submit is accurate and truthful; and
7.5.2 You will keep this information accurate and up-to-date.
8. Privacy
8.1 Use of the Website is also governed by our Privacy Policy which is
incorporated into these terms and conditions by this reference. To view the
Privacy Policy, please click on the link above.
8.2 [The Website places the following cookies onto your computer or device.
These cookies are used for the purposes described herein. Full details of the
cookies used by the Website and your legal rights with respect to them are
included in our Privacy Policy. [By accepting these terms and conditions, you
are giving consent to NaturaSKIN to place cookies on your computer or
device. Please read the information contained in the Privacy Policy prior to
acceptance.]
8.3 [If you wish to opt-out of our placing cookies onto your computer or
device, please adjust your internet browser’s settings to restrict cookies as
detailed in your internet browser’s help menu. You may also wish to delete
cookies which have already been placed. For instructions on how to do this,
please consult your internet browser’s help menu.]
9. Disclaimers
9.1 NaturaSKIN makes no warranty or representation that the Website will
meet your requirements, that it will be of satisfactory quality, that it will be fit
for a particular purpose, that it will not infringe the rights of third parties, that it
will be compatible with all systems, that it will be secure and that all
information provided will be accurate. We make no guarantee of any specific
results from the use of our Services.
9.2 No part of this Website is intended to constitute advice and the Content of
this Website should not be relied upon when making any decisions or taking
any action of any kind.
9.3 No part of this Website is intended to constitute a contractual offer
capable of acceptance. No goods and / or services are sold through this
Website and product and / or service details are provided for information
purposes only
9.4 Whilst every effort has been made to ensure that all graphical
representations of products and / or descriptions of services available from
NaturaSKIN correspond to the actual products and / or services, NaturaSKIN
is not responsible for any variations from these descriptions.
9.5 NaturaSKIN does not represent or warrant that such products and / or
services will be available from us or our Premises. For this reason, please
contact us prior to visiting if you wish to enquire as to the availability of any
products and / or services. Any such enquiry does not give rise to any express
or implied warranty that the products and / or services forming the subject
matter of your enquiry will be available upon your arrival at our Premises.
9.6 All pricing information on the Website is correct at the time of going online.
NaturaSKIN reserves the right to change prices and alter or remove any
special offers from time to time and as necessary. All pricing information is
reviewed and updated on a regular basis.
9.7 Whilst NaturaSKIN uses reasonable endeavours to ensure that the
Website is secure and free of errors, viruses and other malware, all Users are
advised to take responsibility for their own security, that of their personal
details and their computers.
10. Availability of the Website and Modifications
10.1 The Service is provided “as is” and on an “as available” basis. We give
no warranty that the Service will be free of defects and / or faults. To the
maximum extent permitted by the law we provide no warranties (express or
implied) of fitness for a particular purpose, accuracy of information,
compatibility and satisfactory quality.
10.2 NaturaSKIN accepts no liability for any disruption or non-availability of
the Website resulting from external causes including, but not limited to, ISP
equipment failure, host equipment failure, communications network failure,
power failure, natural events, acts of war or legal restrictions and censorship.
10.3 NaturaSKIN reserves the right to alter, suspend or discontinue any part
(or the whole of) the Website including, but not limited to, the products and/or
services available. These Terms and Conditions shall continue to apply to any
modified version of the Website unless it is expressly stated otherwise.
11. Limitation of Liability
11.1 To the maximum extent permitted by law, NaturaSKIN accepts no liability
for any direct or indirect loss or damage, foreseeable or otherwise, including
any indirect, consequential, special or exemplary damages arising from the
use of the Website or any information contained therein. Users should be
aware that they use the Website and its Content at their own risk.
11.2 Nothing in these terms and conditions excludes or restricts NaturaSKIN’s
liability for death or personal injury resulting from any negligence or fraud on
the part of NaturaSKIN.
11.3 Whilst every effort has been made to ensure that these terms and
conditions adhere strictly with the relevant provisions of the Unfair Contract
Terms Act 1977, in the event that any of these terms are found to be unlawful,
invalid or otherwise unenforceable, that term is to be deemed severed from
these terms and conditions and shall not affect the validity and enforceability
of the remaining terms and conditions. This term shall apply only within
jurisdictions where a particular term is illegal.
12. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any
right or remedy contained herein, this shall not be construed as a waiver of
that right or remedy.
13. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior
versions thereof, the provisions of these Terms and Conditions shall prevail
unless it is expressly stated otherwise.
14. Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third
party. The agreement created by these Terms and Conditions is between you
and NaturaSKIN.
15. Communications
15.1 All notices / communications shall be sent to us either by post to our
Premises (see address above) or by email to care@naturaskin.co.uk. Such
notice will be deemed received 3 days after posting if sent by first class post,
the day of sending if the email is received in full on a business day and on the
next business day if the email is sent on a weekend or public holiday.
15.2 NaturaSKIN may from time to time send you information about our
products and/or services. If you do not wish to receive such information,
please click on the ‘Unsubscribe’ link in any email which you receive from us..
16. Law and Jurisdiction
These terms and conditions and the relationship between you and
NaturaSKIN shall be governed by and construed in accordance with the Law
of England and Wales and NaturaSKIN and you agree to submit to the
exclusive jurisdiction of the Courts of England and Wales.