Terms of Use – NaturaSKIN

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

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

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.