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Terms of Use
MY
GARNIER COMMUNITY WEBSITE TERMS OF USE
Last
Updated: [21/05/2023]
Thank
you for accessing My Garnier Community (community.garnier.co.uk). Please read
these terms and conditions before using our Site which is operated by L'Oreal (UK) Limited, registered in England and Wales under
company number 00271555, whose registered office and main trading office is at
255 Hammersmith Road, London W6 8AZ (L'Oreal).
Our VAT number is 438506540
.
These
Terms (together with any documents referred to in it) tells you the terms of
use on which you make use of our Site, whether as a guest or a registered user.
Use of our Site includes accessing, browsing, or registering to our Site.
Please read these Terms carefully before you start to use our Site.
By
using our Site, you confirm that you accept these Terms and that you agree to
comply with them. If you do not agree to these Terms, you must not use our
Site.
[To access and use this Site you
need to be [an adult of] at least [18] years old].
OTHER
APPLICABLE TERMS
These
Terms refer to the following additional policies, which also apply to the use
of our Site:
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Our
Privacy Policy [https://www.loreal.com/en/uki/pages/group/privacy-policy-uki/],
which sets out the terms on which we process any personal data we collect from
you, or that you provide to us. By using our Site, you consent to such
processing, and you warrant that all data provided by you is accurate.
ยท
Our
Cookie Policy [https://www.garnier.co.uk/terms], which sets out information
about the cookies on our Site.
From
time to time, we may run competitions and promotions via our Site. Separate
terms and conditions will be posted where applicable governing such
competitions and promotions.
CHANGES
TO THESE TERMS
From
time to time, we may modify these Terms. Please check this page from time to
time to take notice of any changes we make, as they are binding on you. Your
use of our Site following any such change constitutes your agreement to follow
and be bound by the Terms as amended. If at any time you do not wish to accept
the Terms, you may not use our Site.
We
may update our Site from time to time and may change the content at any time.
However, please note that any of the content on our Site may be out of date at
any given time, and we are under no obligation to update it.
We
do not guarantee that our Site, or any content on it, will be free from errors
or omissions and you accept that such changes may result in your being unable
to access our Site.
ACCESSING
OUR SITE
Our
Site is made available free of charge.
We
do not guarantee that our Site, or any content on it, will always be available
or be uninterrupted. We may need to suspend access to our Site at times for
technical or maintenance purposes. Internet and IT or telecommunication
networks are not error-free and interruptions and failures can occur. We
cannot provide any guarantee in this regard and shall not therefore be held
liable for any damage that may relate to the use of the Internet and IT or
telecommunication networks, including, without limitation:
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Poor
transmission and/or reception of any data and/or information via the Internet;
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Any
external intrusions or computer viruses;
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Any
defaulting reception equipment or communication networks; and
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Any
such Internet malfunction as may hinder the proper operation of the Website.
Access
to our Site is permitted on a temporary basis. We may suspend, withdraw,
discontinue or change all or any part of our Site without notice. We will not
be liable to you if for any reason our Site is unavailable at any time or for
any period.
You
are responsible for making all arrangements necessary for you to have access to
our Site. We do not warrant that our Site is compatible with your computer
equipment or that our Site or its server is free of errors or viruses, worms or
"Trojan horses" and we are not liable for any damage you may suffer
because of such destructive features.
You
are also responsible for ensuring that all persons who access our Site through
your internet connection are aware of these Terms and other applicable terms
and conditions, and that they comply with them.
Our Site is provided "as is" and excludes
any warranties of any kind, either express or implied, to the fullest extent
permissible pursuant to applicable law including (but not limited to) the
exclusion of warranties of title, merchantability, satisfactory quality,
fitness for a particular purpose and non-infringement of proprietary or
third-party rights.
YOUR
ACCOUNT AND PASSWORD
Access
to the Site and/or certain sections thereof may require the use of PIN codes or
passwords. If you choose, or you are provided with, a user identification code,
password or any other piece of information as part of our security procedures,
you must treat such information as confidential. You must not disclose it to
any third party.
We
may limit the
number of attempts you make to access the Site and/or certain section thereof
in order to prevent any fraudulent use of such codes. Please inform Us of
any fraudulent use that you may become aware of. In the event of any
breach of the rules set forth under these Terms of Use, we have the right to disable any
user identification code or password, whether chosen by you or allocated by us,
at any time, if in our reasonable opinion you have failed to comply with any of
the provisions of these Terms.
If
you know or suspect that anyone other than you know your user identification
code or password, you must promptly notify us at corporateaffairsuk@loreal.com.
PROHIBITED
USES
You may use our Site only for lawful purposes.
You must not use our Site:
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In any way that breaches any applicable local,
national or international law or regulation;
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In any way that is unlawful or fraudulent, or has any unlawful
or fraudulent purpose or effect;
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For harming or attempting to harm minors in any way;
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To send, knowingly receive, upload, download, use or
re-use any material which does not comply with our content standards below;
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To transmit, or procure the sending of, any
unsolicited or unauthorised advertising or promotional material or any other
form of similar solicitation (spam);
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To knowingly transmit any data, send or upload any
material that contains viruses, Trojan horses, worms, time-bombs, keystroke
loggers, spyware, adware or any other harmful programs or similar computer code
designed to adversely affect the operation of any computer software or
hardware.
You also agree:
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Not to reproduce, duplicate, copy or re-sell any part
of our Site in contravention of the provisions of these Terms; and
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Not to access without authority, interfere with,
damage or disrupt:
o
Any part of our Site;
o
Any equipment or network on which our Site is stored;
o
Any software used in the provision of our Site; or
o
Any equipment or network or software owned or used by
any third party.
We
are the owner or the licensee of all intellectual property rights in our Site,
and in the material published on it (including, but not limited to text,
content, software, database rights, video, music, sound, graphics, photographs,
illustrations, artwork, photographs, names, logos, trademarks, service marks
and other material) (Content). The Content is protected by
copyright laws and other intellectual property regimes and treaties around the
world. All such rights are reserved.
You
acquire no rights or licences in or to our Site and/or the Content other than
the limited right to use our Site in accordance with these Terms and to
download on the terms set out in this section. Other than as set out in this
section you may not copy, reproduce, recompile, decompile, disassemble, reverse
engineer, distribute, publish, display, perform, modify, upload to create
derivative works from, transmit, or in any other way exploit any part of our
Site.
We
allow limited download only if you satisfy the following criteria:
i.
you
make no more than one printed copy of such download, and no further
copies of such printed copy are made; and
ii.
you
make only personal, non-commercial use of such download and/or printed copy, unless
our site specifically authorises your commercial use only where you are an
authorised distributor of Garnier UK products and use the content only in
accordance with any additional restrictions or guidelines provided to you;
iii.
you
do not modify the paper or digital copies of any Content you have printed off
or downloaded in any way, and you must not use any illustrations, photographs,
video or audio sequences or any graphics separately from any accompanying text;
and
iv.
you
retain
on such download and/or printed copy all copyright notices and shall
remain bound by the terms of such wording and notices; and
v.
Our
status (and that of any identified contributors) as the authors of content on
our site must always be acknowledged; and
vi.
You
must not use any part of the content on our site for commercial purposes
without obtaining a licence to do so from us or our licensors.
In
the event that We make part of a Site available to you which enables you to
edit a picture (especially in order to virtually test a product), you hereby
acknowledge and agree that such the Site shall be only for your own private use
in compliance with its intended purpose in accordance with any further
restrictions or guidelines made available to you.
Additionally,
you may not offer for sale or sell or distribute over any other medium
(including distribution by over-the-air television or radio broadcast or
distribution on a computer network) the Content or any part thereof. You may
not make any part of our Site available as part of another website, whether by
hyperlink framing on the internet or otherwise. Our Site and the information
contained therein may not be used to construct a database of any kind, nor may
our Site be stored (in its entirety or in any part) in databases for access by
you or any third party or to distribute any database websites containing all or
part of our Site.
You
may not use any of our trademarks or trade names without our prior express
written consent and you acknowledge that you have no ownership rights in and to
any of those names and marks. You must not use any part of the content on our
Site for commercial purposes without obtaining a licence to do so from us or
our licensors.
If
you print off, copy or download any part of our Site in breach of these Terms,
your right to use our Site will cease immediately and you must, at our option,
return or destroy any copies of the Content you have made.
You
agree to abide by all additional copyright notices or restrictions contained in
our Site.
You
agree to notify us promptly in writing promptly if you become aware of any
unauthorised access to or use of our Site by any party or of any claim that our
Site or any of the contents of our Site infringes any copyright, trademark, or
other contractual, statutory or common law rights of any party.
If
you would like information about obtaining our permission to use any of the
Content email your enquiry corporateaffairsuk@loreal.com.
While
we endeavour to ensure the accuracy of the information accessed via our Site,
the content of our Site is provided for general information only. Although we
make reasonable efforts to update the information on our Site, we make no
representations, warranties or guarantees, whether express or implied, about
the accuracy, timeliness or completeness of any information or material on our
Site.
Any
advice provided on the Site and/or any diagnostic tools that may be made
available are merely simulations intended for obtaining expert cosmetics
advice.
The
information they deliver are for strictly indicative purposes and shall in no
event replace a medical diagnosis or clinical consultation, nor be substituted
for a medical treatment.
Accordingly,
we cannot guarantee your entire satisfaction with the advice that results from
the use of such tools and assume no liability for any use you may make thereof.
For
any further information or in the event of doubt, we recommend that you consult
a professional.
The
products and services presented to you on this Site are not offered for sale
but a general presentation of the range of the products and services that We
distribute in the country where this Site is available.
THIRD
PARTY USER-GENERATED CONTENT
This website
may include information and materials uploaded by other users of the site,
including to bulletin boards and chat rooms. This information and these
materials have not been verified or approved by us. The views expressed by
other users on our site are their own and do not represent our views or values.
We do not
endorse or control the User Content transmitted or posted on the Site and
therefore, we do not guarantee the accuracy, integrity, legality or quality of
User Content. The Olapic gallery may include
content from consumers from outside of the UK and Ireland. We make no
representations that results depicted are achievable, as content may have been
altered by users.
You understand
that by using the Site, you may be exposed to User Content that is offensive,
indecent or objectionable to you. Under no circumstances will we be
liable in any way for any User Content, including, without limitation, for any
errors or omissions in any User Content, or for any loss or damage of any kind
incurred by you because of the use of any User Content transmitted, uploaded,
posted, e-mailed or otherwise made available via the Site.
If you wish to
complain about information and materials uploaded by other users, please
contact us on corporateaffairsuk@loreal.com.
Whenever
you make use of a feature that allows you to upload content to our site, or to
make contact with other users of our site, you must comply with the Acceptable
Standards below. We have the right to remove any posting you make on our site
if, in our opinion, your post does not comply with these content standards.
Any
content you upload to our site will be considered non-confidential and
non-proprietary. You retain all of your ownership rights in your content, but
you are required to grant us, and other users of our site, a limited licence to
use, store and copy that content and to distribute and make it available to
third parties.
USER-GENERATED
CONTENT
We may make available via this Site a space dedicated
to user content whereby you as a user of our Site can upload content such as text,
photos, videos, opinions, etc. (the "User Content") on forums
including but not limited to:
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Chat rooms
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Activities Forums
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Discussions Forums
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Bulletin boards
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Review forums
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Q&A services.
Moderation
Where we do provide any interactive service, we will
provide clear information to you about the kind of service offered, if it is
moderated and what form of moderation is used (including whether it is human or
technical).
We will do our best to assess any possible risks for
users from third parties when they use any interactive services provided on our
site, and we will decide in each case whether it is appropriate to use
moderation of the relevant services (including what kind of moderation to use)
in the light of those risks. However, we are under no obligation to
oversee, monitor or moderate any interactive service we provide on our site,
and we expressly exclude our liability for any loss or damage arising from the
use of any interactive service by a user in contravention of our content
standards, whether the service is moderated or not.
Where we do moderate an interactive service, we will
normally provide you with a means of contacting the moderator, should a concern
or difficulty arise.
Intellectual property
For any User
Content that you upload or you post on the Site, you grant LโOrรฉal a perpetual,
irrevocable, worldwide, royalty-free, fully sub-licensable and transferable
right and license to use, copy, modify, delete in its entirety, adapt, publish,
translate, create derivative works from and distribute such content and/or
incorporate such User Content together with your username/name and location
into any form, medium or technology, including (but not limited to):
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On
all electronic, IT, digital, multimedia and internet media including LโOrรฉalโs
websites, social media pages and other online presences;
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On
all advertising media both online and offline;
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On internal
LโOrรฉal communications within the LโOrรฉal group;
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For corporate,
financial communication and public relations communications and disclosures;
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On retailer-and
client-facing media.
You are hereby informed that
said social networks are platforms owned by third parties and, accordingly, the
circulation and use of User Content via said social networks shall be governed
by the terms of use defined by said third parties. We can therefore not be held
responsible for any use of the content by us or any third parties in accordance
with the terms of use defined by the social networks, including without
limitation, in terms of the scope and duration of licensed rights, and removal
of the User Content. You shall be responsible for handling any
third-party claims relating to the use of the User Content in accordance with
the terms of use defined by the social networks.
In addition, we hereby remind you
that any User Content may be referenced on a search engine and therefore to be
accessed by an audience outside the Site.
This authorization allows us to
adapt your User Content in order in any way we see fit including but not
limited to regulatory compliance purposes whilst still respecting the original
sentiment of the original User Content.
Further, the use of User Content
may come with such anonymised information as your
city, country or age, and/or, if you expressly authorized it, information
allowing your identification such as your first name, or your alias.
Acceptable Standards
These content standards apply to all User Content
which you contribute to our Site and to any interactive services associated
with it.
You must comply with the spirit and the letter of the
following standards. The standards apply to each part of any contribution
as well as to its whole.
User Content must:
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Be accurate (where it states facts);
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Be genuinely held (where it states opinions)
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Comply with applicable law in the UK and in any
country from which it is posted.
User Content must not:
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Contain any material which is malicious or defamatory
of any person;
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Contain any material which is rude, obscene,
offensive, hateful or inflammatory.
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Promote sexually explicit material.
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Promote violence.
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Promote discrimination based on race, sex, religion,
nationality, disability, sexual orientation or age.
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Infringe any copyright, database right or trademark of
any other person.
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Be likely to deceive any person.
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Be made in breach of any legal duty owed to a third
party, such as a contractual duty or a duty of confidence.
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Promote any illegal activity.
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Be threatening, abuse or invade anotherโs privacy, or
cause annoyance, inconvenience or needless anxiety.
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Be likely to harass, upset, intimidate, embarrass,
alarm or annoy any other person.
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Be used to impersonate any person, or to misrepresent
your identity or affiliation with any person.
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Give the impression that they emanate from us, if this
is not the case.
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Advocate, promote or assist any unlawful act such as
(by way of example only) copyright infringement or computer misuse.
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Use any third-party intellectual property without
prior authorisation.
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Use the Site for political, propaganda or
proselytizing purposes.
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Divert the Website from its intended purpose, including
by using it as a dating service.
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Disseminate any information or content that may be
upsetting for minors.
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Contain any content advertising or promoting any
products and/or services competing with the brand(s) displayed on the Site.
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Disseminate any information that may directly or
indirectly allow the nominal and specific identification of an individual
without their prior and express consent, such as their last name, postal
address, email address, telephone number.
Please inform us of any User Content which appears
contrary to applicable legislation in force and/or to accepted standards of
morality and/or the Acceptable Standards set forth herein and/or which
infringes the rights of others, at the following address corporateaffairsuk@loreal.com.
Suspension and Termination
We will determine, in our discretion, whether there
has been a breach of these Acceptable Standards through your use of our
Site. When a breach of these Acceptable Standards has occurred, we may
take such action as we deem appropriate, and may result in our taking all or
any of the following actions:
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Immediate, temporary or permanent withdrawal of your
right to use our Site.
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Immediate, temporary or permanent removal of any User
Content uploaded by you to our Site.
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Issue of a warning to you.
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Legal proceedings against you for reimbursement of all
costs on an indemnity basis (including, but not limited to, reasonable
administrative and legal costs) resulting from the breach.
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Further legal action against you.
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Disclosure of such information to law enforcement
authorities as we reasonably feel is necessary.
Nothing
in these Terms excludes or limits our liability for death or personal injury
arising from our negligence, or our fraud or fraudulent misrepresentation, or
any other liability that cannot be excluded or limited by English law.
To
the extent permitted by law, we exclude all conditions, warranties,
representations or other terms which may apply to our Site or any content on
it, whether express or implied.
We
will not be liable to any user for any loss or damage, whether in contract,
tort (including negligence), breach of statutory duty, or otherwise, even if
foreseeable, arising under or in connection with:
-
use
of, or inability to use, our Site; or
-
use
of or reliance on any content displayed on our Site.
If
you are a business user, please note that, we will not be liable for:
-
loss of profits, sales, business, or
revenue;
-
business
interruption;
-
loss
of anticipated savings;
-
loss
of business opportunity, goodwill or reputation; or
-
any
indirect or consequential loss or damage.
If
you are a consumer user, please note that we only provide our Site for domestic
and private use. You agree not to use our Site for any commercial or business
purposes, and we have no liability to you for any loss of profit, loss of
business, business interruption, or loss of business opportunity.
We
will not be liable for any loss or damage caused by a virus, distributed
denial-of-service attack, or other technologically harmful material that may
infect your computer equipment, computer programs, data or other proprietary
material due to your use of our Site or to your downloading of any content on
it, or on any website linked to it.
You
agree to indemnify, defend, and hold harmless each of L'Oreal,
its employees, representatives and agents, from and against any claims,
actions, demands or other proceedings brought against any of L'Oreal, its employees, representatives or agents, by a
third party, to the extent that such claim, suit, action or other proceeding
brought against L'Oreal , its employees,
representatives, suppliers, or agents is based on or arises in connection with:
i.
your
use of our Site;
ii.
any
breach by you of the Terms;
iii.
a
claim that any use of our Site by you
a.
infringes
any intellectual property rights of any third party, or any right of
personality or publicity, or
b.
is
libellous or defamatory, or otherwise results in injury or damage to any third
party;
iv.
any
deletions, additions, insertions, or alterations to, or any unauthorised use
of, our Site by you; or
v.
any
misrepresentation or breach of representation or warranty made by you contained
herein.
a.
References
in this section of the Terms to your use of our Site shall be deemed to include
any use by a third party where such a third party accesses our Site using your
computer.
You agree to
pay L'Oreal, its employees, representatives, and
agents any and all costs, damages, and expenses (including reasonable legal
fees) awarded against any of them or otherwise incurred by any of them in
connection with or arising from any such third-party claim, suit, action or
proceeding attributable to any such third-party claim.
There
may be links that will let you leave this Site or that will let you access this
Site from third party sites. Linked third party sites are not under our control
and we are not responsible for the contents of any such linked site, or any
link contained in such a linked site. We will not be liable for any loss or
damage that may arise from your use of them. Any concerns regarding any such
service or resource or any link thereto should be directed to the outside
service or resource. Existence of links to other third-party sites is not an
endorsement in favour of such site, or the products or services contained in
any linked site.
LINKING
TO OUR SITE
You
may link to our home page, provided you do so in a way that is fair and legal
and does not damage our reputation or take advantage of it. You must not
establish a link in such a way as to suggest any form of association, approval
or endorsement on our part where none exists. You must not establish a link to
our Site in any website that is not owned by you. Our Site must not be framed
on any other site, nor may you create a link to any part of our Site other than
the home page.
We
reserve the right to withdraw linking permission without notice.
The
website in which you are linking must comply in all respects with the content
standards set out above in these terms.
If
you wish to make any use of content on our Site other than that set out above,
please contact corporateaffairsuk@loreal.com.
VIRUSES
We
do not guarantee that our Site will be secure or free from bugs or viruses. You
are responsible for configuring your information technology, computer
programmes and platform to access our Site. You should use your own virus
protection software.
You
must not misuse our Site by knowingly introducing viruses, trojans, worms,
logic bombs or other material which is malicious or technologically harmful.
You must not attempt to gain unauthorised access to our Site, the server on
which our Site is stored, or any server, computer or database connected to our
Site. You must not attack our Site via a denial-of-service attack or a
distributed denial-of service attack. By breaching this provision, you would
commit a criminal offence under the Computer Misuse Act 1990. We will report
any such breach to the relevant law enforcement authorities, and we will
co-operate with those authorities by disclosing your identity to them. In the
event of such a breach, your right to use our Site will cease immediately.
Except
as provided herein, these Terms and any other terms of use or policies referred
to in them are the entire agreement between us and supersede any prior
understanding or agreements (written or oral). Nothing in this clause will
operate to limit or exclude either partyโs liability for fraud.
GOVERNING LAW AND JURISDICTION
If
you are a consumer, please note that these Terms, their subject matter and
their formation, are governed by English law. You and we both agree to that the
courts of England will have non-exclusive jurisdiction. However, if you are a
resident of Northern Ireland you may also bring proceedings in Northern
Ireland, and if you are resident of Scotland, you may also bring proceedings in
Scotland.
If
you are a business, these Terms, their subject matter and formation (and any
non-contractual disputes or claims) are governed by English law. We both agree
to the exclusive jurisdiction of the courts of England.
Our
Site is not directed at any person in any jurisdiction where for any reason the
publication or availability of our Site is prohibited. Those in respect of whom
such prohibitions apply must not access our Site.
We
do not represent that either our Site or the Content are appropriate for use or
permitted by local laws in all jurisdictions. Those who access our Site do so
on their own initiative and are responsible for compliance with applicable
local laws or regulations; legal advice should be sought in cases of doubt.
If
any provision of these Terms is found to be invalid by any court having
jurisdiction, the invalidity of such provision shall not affect the validity of
the remaining provisions of these Terms, which shall remain in full force and
effect.
CONTACT
US
To
contact us, please email corporateaffairsuk@loreal.com.
Thank
you for visiting our Site.
Copyright
ยฉ Garnier UK