Terms and Conditions
Terms and Conditions
Last updated [30 May, 2023]
Company number 14747621
These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Skinfinite Skin LTD (“we,” “us” or “our”), concerning your access to and use of our website, ww.skinfinite.co.uk, as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).
You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are
expressly prohibited from using the Site and you must discontinue use immediately.
Supplemental terms and conditions or documents that
may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason.
We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change.
It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Site after the date such revised Terms and Conditions are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the
Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are
applicable.
The Site is intended for users who are at least 18 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor,
you must have your parent or guardian read and agree to these Terms and Conditions prior to you using the Site.
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the Content”) and the trademarks, service marks, and logos
contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United Kingdom, foreign jurisdictions, and international conventions.
All other third-party trademarks, registered
trademarks, and product names mentioned on our Site or contained in the content are the property of their respective owners and may not be duplicated or used, in whole or in part, without their permission.
The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly
provided in these Terms and Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold,
licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or
print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any
portion thereof).
You may be required to register with the Site or create an account on the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in
our sole discretion, that such username is inappropriate, obscene, or otherwise
objectionable.
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically
endorsed or approved by us.
The Site may invite you to chat, contribute t, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other
material (collectively, "Contributions").
Contributions may be viewable by other users of the
Site and through third-party websites. As such, any Contributions you transmit
may be treated as non-confidential and non-proprietary. When you create or make
available any Contributions, you thereby represent and warrant that:
Any use of the Site in violation of the foregoing violates these Terms and Conditions and may result in, among other things,
termination or suspension of your rights to use the Site.
By posting your Contributions to any part of the Site, or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or
otherwise, and to prepare derivative works of, or incorporate into other works,
such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you
provide. You waive all moral rights in your Contributions, and you warrant that
moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your
Contributions. You retain full ownership of all of your Contributions and any
intellectual property rights or other proprietary rights associated with your
Contributions. We are not liable for any statements or representations in your
Contributions provided by you in any area on the Site.
You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all
responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to
re-categorize any Contributions to place them in more appropriate locations on
the Site; and (3) to pre-screen or delete any Contributions at any time and for any any reason, without notice. We have no obligation to monitor your Contributions.
We may provide you areas on the Site to leave reviews or ratings. We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners.
We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
Use License
If you access the Site via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms and Conditions.
You shall not:
Apple and Android Devices
The following terms apply when you use a mobile
application obtained from either the Apple Store or Google Play (each an “App
Distributor”) to access the Site:
As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.
You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage
limitations imposed by the third-party service provider of the Third-Party
Account.
By granting us access to any Third-Party Accounts,
you understand that (1) we may access, make available, and store (if
applicable) any content that you have provided to and stored in your
Third-Party Account (the “Social Network Content”) so that it is available on
and through the Site via your account, including without limitation any friend
lists and (2) we may submit to and receive from your Third-Party Account
additional information to the extent you are notified when you link your
account with the Third-Party Account.
Depending on the Third-Party Accounts you choose
and subject to the privacy settings that you have set in such Third-Part Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site.
Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party
Account is terminated by the third-party service provider, then Social Network
Content may no longer be available on and through the Site. You will have the
ability to disable the connection between your account on the Site and your
Third-Party Accounts at any time.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE
THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality,
or non-infringement, and we are not responsible for any Social Network Content.
You acknowledge and agree that we may access your
email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of
identifying and informing you of those contacts who have also registered to use
the Site.
You can deactivate the connection between the Site
and your Third-Party Account by contacting us using the contact information
below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become
associated with your account.
You acknowledge and agree that any questions,
comments, suggestions, ideas, feedback, or other information regarding the Site
("Submissions") provided by you to us are non-confidential and shall
become our sole property. We shall own exclusive rights, including all
intellectual property rights, and shall be entitled to the unrestricted use and
dissemination of these Submissions for any lawful purpose, commercial or
otherwise, without acknowledgment or compensation to you.
You hereby waive all moral rights to any such
Submissions, and you hereby warrant that any such Submissions are original with
you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
The Site may contain (or you may be sent via the
Site) links to other websites ("Third-Party Websites") as well as
articles, photographs, text, graphics, pictures, designs, music, sound, video,
information, applications, software, and other content or items belonging to or
originating from third parties ("Third-Party Content").
Such Third-Party Websites and Third-Party Contentare not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through
the Site or any Third-Party Content posted on, available through, or installed
from the Site, including the content, accuracy, offensiveness, opinions,
reliability, privacy practices, or other policies of or contained in the
Third-Party Websites or the Third-Party Content.
The Inclusion of, linking to, or permitting the use
or installation of any Third-Party Websites or any Third-Party Content does not
imply approval or endorsement thereof by us. If you decide to leave the Site
and access the Third-Party Websites or to use or install any Third-Party
Content, you do so at your own risk, and you should be aware these Terms and
Conditions no longer govern.
You should review the applicable terms and
policies, including privacy and data gathering practices, of any website to
which you navigate from the Site or relating to any applications you use or
install from the Site. Any purchases you make through Third-Party Websites will
be through other websites and from other companies, and we take no
responsibility whatsoever in relation to such purchases which are exclusively
between you and the applicable third party.
You agree and acknowledge that we do not endorse
the products or services offered on Third-Party Websites and you shall hold us
harmless from any harm caused by your purchase of such products or services. Additionally,
you shall hold us harmless from any losses sustained by you or harm caused to
you relating to or resulting in any way from any Third-Party Content or any
contact with Third-Party Websites.
We may allow advertisers to display their
advertisements and other information in certain areas of the Site, such as
sidebar advertisements or banner advertisements. If you are an advertiser, you
shall take full responsibility for any advertisements you place on the Site and
any services provided on the Site or products sold through those
advertisements.
Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on
the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights.
As an advertiser, you agree that such advertisements are subject to relevant provisions such as United Kingdom intellectual property laws and Policy provisions as described below, and you understand and agree there will be no refund or other compensation for copyright takedown-related
issues. We simply provide the space to place such advertisements, and we have
no other relationship with advertisers.
We care about data privacy and security. Please
review our Privacy Policy posted on the Site. By using the Site, you agree to
be bound by our Privacy Policy, which is incorporated into these Terms and
Conditions. Please be advised the Site is hosted in the United Kingdom.
If you access the Site from the European Union,
Asia, or any other region of the world with laws or other requirements
governing personal data collection, use, or disclosure that differ from applicable
laws in the United Kingdom, then through your continued use of the Site, you
are transferring your data to the United Kingdom, and you expressly consent to
have your data transferred to and processed in the United Kingdom.
We respect the intellectual property rights of
others. If you believe that any material available on or through the Site infringes
upon any copyright you own or control, please immediately notify us using the
contact information provided below (a “Notification”). A copy of your
Notification will be sent to the person who posted or stored the material
addressed in the Notification.
Please be advised that pursuant to federal law you
may be held liable for damages if you make material misrepresentations in a
Notification. Thus, if you are not sure that material located on or linked to
by the Site infringes your copyright, you should consider first contacting an
attorney.
All orders are subject to acceptance and
availability. If the goods ordered are not available you will be notified by
e-mail (or by other means if no e-mail address has been provided). You will
have the option either to wait until the item is available from stock or to
cancel your order.
Any orders placed by you will be treated as an
offer to purchase the goods or services from us and we have the right to reject
such offers at any time. You acknowledge that any automated acknowledgment of
your order which you may receive from us shall not amount to our acceptance of
your offer to purchase goods or services advertised on the Site. The conclusion
of a contract between you and us will take place when we (i) debit your credit,
debit card or PayPal account or (ii) dispatch the goods to you or commence the
services, whichever is the later.We will take all reasonable care, in so far as
it is in our power to do so, to keep the details of your order and payment
secure, but in the absence of negligence on our part we cannot be liable for
any loss you may suffer if a third party procures unauthorised access to any
data provided by you when accessing or ordering from the Site.
You will assume the risk for the products once they
have been delivered to the delivery address which you specified when ordering
the products. We accept no liability where you provide an incorrect delivery
address or where you fail to collect the products from the delivery address
which you specified. Notwithstanding that risk of loss or damage to the
products only passes to you once they have been delivered to the delivery
address, ownership of the products shall pass to you on the later of: (a) the products
being dispatched by us; and (b) us receiving payment in respect of the same.
Where you have purchased the goods or services as a
consumer (i.e. for private use as opposed to business use), you are entitled to
cancel any contract completed with us within 14 days from the day on which you
acquire physical possession of the goods.
If you wish to cancel a contract pursuant to this clause,
please see our Returns Policy for further details on how to do this.
All prices shown are inclusive of VAT (only where
applicable - see below) at the current rates and are correct at the time of
entering the information onto the system. We reserve the right, however, to
change prices at any time without notice to you. If your delivery address is
within the United Kingdom, no additional taxes will be charged to you.
If your delivery address is outside of the United
Kingdom you may be subject to import duties and taxes (including VAT), which
are levied once a delivery reaches your destination country. Any such
additional charges must be borne by you. (if your delivery address is inside
the European Union (‘EU’). You should note that customs policies and practices
vary widely from country to country. We recommend that you contact your local
customs office for information.
Please note that when shipping goods from outside
the United Kingdom, cross border shipments may be subject to opening and
inspection by customs authorities. In respect of all goods dispatched to you to
an address outside of the United Kingdom, you are deemed to be the importer of
the goods and must therefore comply with all the laws and regulations of the
country into which the goods are being delivered.
Payment can be made by any major credit or debit
card or via your PayPal account. Payment will be debited and cleared from your
account before the dispatch of your good or provision of the service to you.
Payments made via credit cards may be subject to a
pre-authentication value of any reasonable amount which will be held against
the card until the card issuer validates the payment.
In the unlikely event that the price shown on the
checkout page is wrong, and we discover this before accepting your order in
accordance with Clause 17 above, we are not required to sell the goods
to you at the price shown. We always try and ensure that the prices of goods
shown on our Site are accurate, but occasionally genuine errors may occur. If
we discover an error in the price of the goods that you have ordered we will
let you know as soon as possible and give you the option of reconfirming your
order at the correct price or cancelling it. If you cancel your order and you
have already paid for the goods, then you will receive a full refund.
You confirm that the credit, debit card or PayPal
account that is being used is yours. All credit/debit cardholders are subject
to validation checks and authorisation by the card issuer. If the issuer of
your payment card refuses to or does not, for any reason, authorise payment to
us we will not be liable to you for any delay or non-delivery.
If your credit or debit card payment is not
processed successfully for any reason, we reserve the right to reattempt to
process payment within 48 hours. In the event that the payment is still
unsuccessful, we will give you at least 48 hours’ notice in advance of any
further reattempt to process payment by sending an email to the email address
you have provided to us. If you do not want us to reattempt to process payment,
you must cancel your order in advance.
To be eligible to purchase goods on this Site and
lawfully enter into and form contracts on this Site under English law you must,
if an individual, be 18 years of age or over; and register your real name,
address, phone number, e-mail address any other details requested.By offering
to purchase goods and services you represent to us that you are 18 years of age
or over and authorise us to transmit information (included updated information)
to obtain information from third parties, including but not limited to, your
debit or credit card numbers or credit reports to authenticate your identity,
to validate your credit card, to obtain an initial credit card authorisation
and to authorise individual purchase transactions.
We are dedicated to
supplying our customers with high-quality products. While we hope you are always pleased with
your purchase, we understand that there may be occasions when you need to
return a product. Please study the
information below if you need to return your merchandise:
These Terms and Conditions shall remain in full
force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION
OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION
AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING
BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON,
INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR
COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR
REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE
[YOUR ACCOUNT AND] ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME,
WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any
reason, you are prohibited from registering and creating a new account under
your name, a fake or borrowed name, or the name of any third party, even if you
may be acting on behalf of the third party.
In addition to terminating or suspending your
account, we reserve the right to take appropriate legal action, including
without limitation pursuing civil, criminal, and injunctive redress.
We reserve the right to change, modify, or remove
the contents of the Site at any time or for any reason at our sole discretion
without notice. However, we have no obligation to update any information on our
Site. We also reserve the right to modify or discontinue all or part of the
Site without notice at any time.
We will not be liable to you or any third party for
any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at
all times. We may experience hardware, software, or other problems or need to
perform maintenance related to the Site, resulting in interruptions, delays, or
errors.
We reserve the right to change, revise, update,
suspend, discontinue, or otherwise modify the Site at any time or for any
reason without notice to you. You agree that we have no liability whatsoever
for any loss, damage, or inconvenience caused by your inability to access or
use the Site during any downtime or discontinuance of the Site.
Nothing in these Terms and Conditions will be
construed to obligate us to maintain and support the Site or to supply any
corrections, updates, or releases in connection therewith.
These Terms and Conditions and your use of the Site
are governed by and construed in accordance with the laws of England and Wales
and any disputes will be decided only by the English courts.
Informal Negotiations
To expedite resolution and control the cost of any
dispute, controversy, or claim related to these Terms and Conditions (each a
"Dispute" and collectively, the “Disputes”) brought by either you or
us (individually, a “Party” and collectively, the “Parties”), the Parties agree
to first attempt to negotiate any Dispute (except those Disputes expressly
provided below) informally for at least 50 days before initiating arbitration.
Such informal negotiations commence upon written notice from one Party to the
other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute
through informal negotiations, the Dispute (except those Disputes expressly
excluded below) will be finally and exclusively resolved by binding
arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE
RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
Restrictions
The Parties agree that any arbitration shall be
limited to the Dispute between the Parties individually. To the full extent
permitted by law, (a) no arbitration shall be joined with any other proceeding;
(b) there is no right or authority for any Dispute to be arbitrated on a
class-action basis or to utilize class action procedures; and (c) there is no
right or authority for any Dispute to be brought in a purported representative
capacity on behalf of the general public or any other persons.
There may be information on the Site that contains
typographical errors, inaccuracies, or omissions that may relate to the Site,
including descriptions, pricing, availability, and various other information. We
reserve the right to correct any errors, inaccuracies, or omissions and to
change or update the information on the Site at any time, without prior notice.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE
BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR
SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES
OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR
THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY
OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND
MATERIALS, (2) PERSONAL INJURY, PROPERTY DAMAGE OR LOSS, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION
OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY
THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR
FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY
CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO
NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR
SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY
HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY
BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE
THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND
EXERCISE CAUTION WHERE APPROPRIATE.
NOTWITHSTANDING
ANY OTHER PROVISION IN THE TERMS, NOTHING IN THESE TERMS AFFECT OR LIMIT YOUR
RIGHTS AS A CONSUMER UNDER ENGLISH LAW; OR WILL EXCLUDE OR LIMIT OUR LIABILITY
FOR DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE.THE SITE IS PROVIDED
ON AN 'AS IS' AND 'AS AVAILABLE' BASIS WITHOUT ANY REPRESENTATION OR
ENDORSEMENT MADE AND WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, IN
RELATION TO IT AND ITS USE. YOU ACKNOWLEDGE THAT WE CANNOT GUARANTEE AND CANNOT
BE RESPONSIBLE FOR THE SECURITY OR PRIVACY OF THE SITE AND ANY INFORMATION
PROVIDED BY YOU. YOU MUST BEAR THE RISK ASSOCIATED WITH THE USE OF THE
INTERNET.
WHILST WE
WILL TRY TO ENSURE THAT MATERIAL INCLUDED ON THE SITE IS CORRECT, REPUTABLE AND
OF HIGH QUALITY, WE CANNOT ACCEPT RESPONSIBILITY IF THIS IS NOT THE CASE. WE
WILL NOT BE RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED
FROM THE USE OF SUCH INFORMATION OR FOR ANY TECHNICAL PROBLEMS YOU MAY
EXPERIENCE WITH THE SITE. IF WE ARE INFORMED OF ANY INACCURACIES IN THE
MATERIAL ON THE SITE WE WILL ATTEMPT TO CORRECT THIS AS SOON AS WE REASONABLY
CAN.
IN
PARTICULAR, WE DISCLAIM ALL LIABILITIES IN CONNECTION WITH THE
FOLLOWING:INCOMPATIBILITY OF THE SITE WITH ANY OF YOUR EQUIPMENT, SOFTWARE OR
TELECOMMUNICATIONS LINKS;TECHNICAL PROBLEMS INCLUDING ERRORS OR INTERRUPTIONS
OF THE SITE;UNSUITABILITY, UNRELIABILITY OR INACCURACY OF THE SITE; ANDFAILURE
OF THE SITE TO MEET YOUR REQUIREMENTS.TO THE FULL EXTENT ALLOWED BY APPLICABLE
LAW, YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
CONSEQUENTIAL OR INCIDENTAL DAMAGES (BOTH OF WHICH TERMS INCLUDES, WITHOUT
LIMITATION, PURE ECONOMIC LOSS, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF
ANTICIPATED SAVINGS, WASTED EXPENDITURE, LOSS OF PRIVACY AND LOSS OF DATA) OR
ANY OTHER INDIRECT, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER THAT ARISE OUT OF OR
ARE RELATED TO THE SITE.
You agree to defend, indemnify, and hold us
harmless, including our subsidiaries, affiliates, and all of our respective
officers, agents, partners, and employees, from and against any loss, damage,
liability, claim, or demand, including reasonable attorneys’ fees and expenses,
made by any third party due to or arising out of: (1) your Contributions; (2)
use of the Site; (3) breach of these Terms and Conditions; (4) any breach of
your representations and warranties set forth in these Terms and Conditions; (5)
your violation of the rights of a third party, including but not limited to
intellectual property rights; or (6) any overt harmful act toward any other
user of the Site with whom you connected via the Site.
Notwithstanding the foregoing, we reserve the
right, at your expense, to assume the exclusive defense and control of any
matter for which you are required to indemnify us, and you agree to cooperate,
at your expense, with our defense of such claims. We will use reasonable
efforts to notify you of any such claim, action, or proceeding which is subject
to this indemnification upon becoming aware of it.
We will maintain certain data that you transmit to
the Site for the purpose of managing the Site, as well as data relating to your
use of the Site. Although we perform regular routine backups of data, you are
solely responsible for all data that you transmit or that relates to any
activity you have undertaken using the Site.
You agree that we shall have no liability to you
for any loss or corruption of any such data, and you hereby waive any right of
action against us arising from any such loss or corruption of such data.
Visiting the Site, sending us emails, and
completing online forms constitute electronic communications. You consent to
receive electronic communications, and you agree that all agreements, notices,
disclosures, and other communications we provide to you electronically, via
email and on the Site, satisfy any legal requirement that such communication be
in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC
SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF
NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic
records, or to payments or the granting of credits by any means other than electronic means.
These Terms and Conditions and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right
or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.
These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for
any loss, damage, delay, or failure to act caused by any cause beyond our
reasonable control.
If any provision or part of a provision of these Terms
and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and
Conditions and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment
or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them.
You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
Skinfinite Skin Ltd
102 Whitmore Road
Harrow
Middlesex
HA1 4AQ
SkinfiniteSkin@gmail.com