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Terms and Conditions

BeautyNoir Terms of Service

 

Welcome to the BeautyNoir websites and mobile properties located at www.beautynoir.co.uk and applicable country top level domains (including sub-domains associated with them), related software applications (sometimes referred to as “apps”), data, SMS, APIs, email, chat and telephone correspondence, buttons, widgets and ads (collectively, all of these items shall be referred to herein as the “Services”; more generally, the BeautyNoir websites and mobile properties shall hereinafter be referred to herein as “websites”). The Services are offered to you conditioned upon your acceptance of the terms, conditions and notices set forth below (collectively, this “Agreement”). By accessing or using the Services, you agree to be bound by this Agreement and represent that you have read and understood its terms. Please read this Agreement carefully, as it contains information concerning your legal rights and limitations on these rights, as well as a section regarding applicable law and jurisdiction of disputes. If you do not accept all of these terms and conditions, you are not authorised to use the Services. If you have a BeautyNoir account and wish to terminate this Agreement, you can do so at any time by closing your account and no longer accessing or using the Services (for more information on how to close your account – Contact Us).

Any information, text, links, graphics, photos, audio, videos, data, code or other materials or arrangements of materials that you can view on, access or otherwise interact with through the Services shall be referred to as “Content”. The terms “we”, “us”, “our” and “BeautyNoir” refer to BeautyNoir Limited, a limited liability company located in the United Kingdom (“BeautyNoir”). “Services” as defined above refers to those provided by BeautyNoir or our corporate affiliates (BeautyNoir and such entities, when one or more are referred to, shall be collectively defined as the “BeautyNoir Companies”). For the avoidance of doubt, the websites are all owned and controlled by BeautyNoir.  However, some specific Services made available via the websites may be owned and controlled by BeautyNoir’s corporate affiliates.

The term “you” refers to the individual, company, business organisation or other legal entity using the Services and/or contributing Content to them. The Content that you contribute, submit, transmit and/or post to or through the Services shall be referred to variously as “your Content”, “Content of yours” and/or “Content you submit.”

The Services are provided solely to:

  1. Assist customers in gathering information, posting Content and searching for and booking beauty services; and
  2. Assist beauty service providers and businesses in engaging with customers and potential customers, by way of free and/or paid-for services offered by or through the BeautyNoir Companies.

We may change or otherwise modify this Agreement in the future in accordance with the terms and conditions herein, and you understand and agree that your continued access or use of the Services after such change signifies your acceptance of the updated or modified Agreement. We will note the date that revisions were last made to this Agreement at the bottom of this Agreement, and any revisions will take effect upon posting. We will notify registered users of our Services (such registered users to be referred to as “Account Holders”) of material changes to these terms and conditions by either sending a notice to the email address associated with the Account Holder’s profile or by placing a notice on our websites. Be sure to return to this page periodically to review the most current version of this Agreement.

USE OF THE SERVICES

As a condition of your use of the Services, you warrant that (i) all information supplied by via the Services to the BeautyNoir Companies is true, accurate, current and complete, (ii) if you are an Account Holder, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you, (iii) you are 13 years of age or older (in some jurisdictions, local laws may have an older age requirement) in order to register for an account, use the Services and contribute to our websites, and (iv) you possess the legal authority to enter into this Agreement and to use the Services, including our websites in accordance with all terms and conditions herein. The BeautyNoir Companies do not knowingly collect the information of anyone under the age of 13. We retain the right at our sole discretion to deny anyone access to the Services, at any time and for any reason, including, but not limited to, for violation of this Agreement. By using the Services, including any products or services that facilitate the sharing of Content to or from third party sites, you understand that you are solely responsible for any information that you share with the BeautyNoir Companies. You may access the Services solely as intended through the provided functionality of the Services and as permitted under this Agreement.

Copying, transmission, reproduction, replication, posting or redistribution of (a) Content or any portion thereof and/or (b) the Services more generally is strictly prohibited without the prior written permission of the BeautyNoir Companies. To request permission, please direct your request to:

Managing Director
BeautyNoir Limited
6 Charing House
London
SE1 8TR

In order to access certain features of the Services, you will need to become an Account Holder by creating an account. When you create an account, you must provide complete and accurate information. You are solely responsible for the activity that occurs on your account, including your interaction and communication with others, and you must safeguard your account. Towards this end, if you are an Account Holder, you agree to keep your contact information up to date.

If you are creating a BeautyNoir account for commercial purposes and are accepting this Agreement on behalf of a company, organisation or other legal entity, you represent and warrant that you are authorised to do so and have the authority to bind such entity to this Agreement, in which case the words “you” and “your” as used in this Agreement shall refer to such entity and the individual acting on behalf of the company shall be referred to as a “Business Representative”.

Through your use of the Services you may encounter links to third party sites and apps or be able to interact with third party sites and apps. This may include the ability to share Content from the Services, including your Content, with such third party sites and apps. Please be aware that third party sites and apps may publicly display such shared Content. Such third parties may charge a fee for use of certain content or services provided on or by way of their websites. Therefore, you should make whatever investigation you feel is necessary or appropriate before proceeding with any transaction with any third party to determine whether a charge will be incurred. Where the BeautyNoir Companies provide details of fees or charges for such third party content or services, such information is provided for convenience and information purposes only. Any interactions with third party sites and apps are at your own risk. You expressly acknowledge and agree that the BeautyNoir Companies are in no way responsible or liable for any such third party sites or apps.

Some Content you see or otherwise access on or through the Services is used for commercial purposes. You agree and understand that the BeautyNoir Companies may place advertising and promotions on the Services alongside, near, adjacent or otherwise in close proximity to your Content (including, for video or other dynamic content, before, during or after its presentation), as well as the Content of others.

 

ADDITIONAL PRODUCTS

The BeautyNoir Companies may, from time to time, decide to change, update or discontinue certain products and features of the Services. You agree and understand that the BeautyNoir Companies have no obligation to store or maintain your Content or other information you provide, except to the extent required by applicable law.

We also offer other services that may be governed by additional terms or agreements. If you use any other such services, the additional terms will be made available and will become part of this Agreement, except where such additional terms expressly exclude or otherwise supersede this Agreement. For example, if you use or purchase such additional services for commercial or business purposes, you must agree to the applicable additional terms. To the extent any other terms conflict with the terms and conditions of this Agreement, the additional terms shall govern to the extent of the conflict with respect to those specific services.

PROHIBITED ACTIVITIES

The Content and information available on and through the Services (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such Content and information, is proprietary to the BeautyNoir Companies or licensed to the BeautyNoir Companies by third parties. For all Content other than your Content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell or re-sell any information, software, products or services obtained from or through the Services. Additionally, you agree not to:

  • (i) use the Services or Content for any commercial purpose, outside the scope of those commercial purposes explicitly permitted under this Agreement and related guidelines as made available by the BeautyNoir Companies;
  • (ii) access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any Content of the Services, including but not limited to, user profiles and photos, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this Agreement or without our express written permission;
  • (iii) violate the restrictions in any robot exclusion headers on the Services or bypass or circumvent other measures employed to prevent or limit access to the Services;
  • (iv) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
  • (v) deep-link to any portion of the Services for any purpose without our express written permission;
  • (vi) “frame”, “mirror” or otherwise incorporate any part of the Services into any other websites or service without our prior written authorisation;
  • (vii) attempt to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any software programs used by the BeautyNoir Companies in connection with the Services;
  • (viii) circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content; or
  • (ix) download any Content unless it’s expressly made available for download by the BeautyNoir Companies.

 

 

PRIVACY POLICY AND DISCLOSURES

Any personal information you post on or otherwise submit in connection with the Services will be used in accordance with our Privacy Policy.

REVIEWS, COMMENTS AND USE OF OTHER INTERACTIVE AREAS; LICENCE GRANT

We appreciate hearing from you. Please be aware that by providing your Content to or through the Services, be it via email, posting via any BeautyNoir synchronisation product, via the services and applications of others, or otherwise, including any of your Content that is transmitted to your BeautyNoir account by virtue of any BeautyNoir Companies product or service, reviews, questions, photographs or videos, comments, suggestions, ideas or the like contained in any of your Content, you grant the BeautyNoir Companies a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) host, use, reproduce, modify, run, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Content of yours throughout the world in any media, now known or hereafter devised; (b) make your Content available to the rest of the world and to let others do the same; (c) to provide, promote, and improve the Services and to make your Content shared on the Services available to other companies, organisations or individuals for the syndication, broadcast, distribution, promotion or publication of such Content of yours on other media and services, subject to our Privacy Policy and this Agreement; and (d) use the name and/or trademark that you submit in connection with such Content of yours. You acknowledge that BeautyNoir may choose to provide attribution of your Content at our discretion. You further grant the BeautyNoir Companies the right to pursue at law any person or entity that violates your or the BeautyNoir Companies’ rights in your Content by a breach of this Agreement. You acknowledge and agree that your Content is non-confidential and non-proprietary. You affirm, represent and warrant that you own or have the necessary licences, rights (including copyright and other proprietary rights), consents and permissions to publish and otherwise use (and for the BeautyNoir Companies to publish and otherwise use) your Content as authorised under this Agreement.

If it is determined that you retain moral rights (including rights of attribution or integrity) in your Content, you hereby declare that, to the extent permitted by applicable law, (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of your Content by the BeautyNoir Companies or their licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of your Content; and (d) you forever release the BeautyNoir Companies and their licensees, successors and assigns, from any claims that you could otherwise assert against the BeautyNoir Companies by virtue of any such moral rights.

Note that any feedback and other suggestions you provide may be used at any time and we are under no obligation to keep them confidential.

The Services may contain discussion forums, bulletin boards, review services, beauty feeds or other forums in which you may post your Content, such as reviews of beauty experiences, messages, materials or other items (“Interactive Areas”). If BeautyNoir provides such Interactive Areas on the websites, you are solely responsible for your use of such Interactive Areas and use them at your own risk. The BeautyNoir Companies do not guarantee any confidentiality with respect to any of your Content you provide to the Services or in any Interactive Area.  To the extent that any entity that is one of the BeautyNoir Companies provides any form of private communication channel between Account Holders, you agree that such entity(ies) may monitor the substance of such communications in order to help safeguard our community and the Services. You understand that the BeautyNoir Companies do not edit or control the user messages posted to or distributed through the Services, including through any chat rooms, bulletin boards or other communications forums, and will not be in any way responsible or liable for such messaging.  In particular, BeautyNoir does not edit or control users’ Content that appears on the websites.  The BeautyNoir Companies nevertheless reserve the right to remove without notice any such messaging or other Content from the Services, where they believe in good faith that such Content breaches this Agreement or otherwise believe the removal is reasonably necessary to safeguard the rights of the BeautyNoir Companies and/or other users of the Services. Should you disagree with the removal of your Content from the websites, you may contact BeautyNoir using the Contact Us page to make your objections.  By using any Interactive Areas, you expressly agree only to submit Content of yours that complies with BeautyNoir’s published guidelines, as are in force at the time of submission and made available to you by BeautyNoir.  You expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any Content of yours that:

  1. Is false, unlawful, misleading, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing (or advocates harassment of another person), threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
  2. Is patently offensive to the online community, such as that which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  3. Would constitute, encourage, promote or provide instructions for conduct of an illegal activity, a criminal offense, give rise to civil liability, violate the rights of any party in any country of the world, or that would otherwise create liability or violate any local, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission (SEC) or any rules of any securities exchange, including but not limited to, the New York Stock Exchange (NYSE), the NASDAQ or the London Stock Exchange;
  4. Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy or providing or creating computer viruses;
  5. May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. In particular, content that promotes an illegal or unauthorised copy of another’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
  6. Constitutes mass mailings or “spamming”, “junk mail”, “chain letters” or “pyramid schemes”;
  7. Impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including the BeautyNoir Companies;
  8. Is private information of any third party, including, without limitation, addresses, phone numbers, email addresses, National Insurance numbers and credit card numbers.  Note that an individual’s surname (family name) may be posted to our websites, but only where express permission of the identified individual has been secured beforehand;
  9. Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
  10. Include or are intended to facilitate viruses, corrupted data or other harmful, disruptive or destructive files;
  11. Is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
  12. In the sole judgment of BeautyNoir, (a) violates the previous subsections herein, (b) violates BeautyNoir’s related guidelines as made available to you by BeautyNoir, (c) is objectionable, (d) restricts or inhibits any other person from using or enjoying the Interactive Areas or any other aspect of the Services, or (e) may expose any of the BeautyNoir Companies or their users to any harm or liability of any type.

The BeautyNoir Companies take no responsibility and assume no liability for any Content posted, stored, transmitted or uploaded to the Services by you (in the case of your Content) or any third party (in the case of any and all Content more generally), or for any loss or damage thereto, nor are the BeautyNoir Companies liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, BeautyNoir is not liable for any statements, representations or any other Content provided by its users (including you as to your Content) in the websites or any other forum. Although BeautyNoir has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, BeautyNoir reserves the right, and has absolute discretion, to remove, screen, translate or edit without notice any Content posted or stored on the Services at any time and for any reason, or to have such actions performed by third parties on their behalf, and you are solely responsible for creating backup copies of and replacing any Content you post or otherwise submit to us or store on the Services at your sole cost and expense.

Any use of the Interactive Areas or other aspects of the Services in violation of the foregoing violates the terms of this Agreement and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Services more generally.

 

 

 

 

 

 

BOOKING WITH THIRD-PARTY SUPPLIERS THROUGH BEAUTYNOIR

Use of BeautyNoir Booking Services. The BeautyNoir Companies offer you the ability to search for, select, and book beauty services with third-party suppliers without leaving the Services. By booking beauty reservations via the websites, you will become an Account Holder if you are not one already.

By booking via the websites, you acknowledge that you accept the practices described in our Privacy Policy and this Agreement. In addition, you warrant, either in your individual capacity or as a Business Representative, that you are 18 years of age or older, that you possess the legal authority to enter into this Agreement and use the Services (including the BeautyNoir Companies’ booking facilitation services) in accordance with this Agreement, and that all information you supply is true and accurate. You further agree that you will use the BeautyNoir Companies’ booking facilitation services only to make legitimate reservations for you or others for whom you are legally authorised to act. Any false or fraudulent reservation is prohibited, and any user who attempts such a reservation may have his or her account terminated.

AS A USER OF THE SERVICES, INCLUDING BEAUTYNOIR COMPANIES’ BOOKING FACILITATION SERVICES, YOU UNDERSTAND AND AGREE THAT: (1) THE BEAUTYNOIR COMPANIES WILL NOT HAVE ANY LIABILITY TO YOU OR OTHERS FOR ANY UNAUTHORISED TRANSACTIONS MADE USING YOUR PASSWORD OR ACCOUNT; AND (2) THE UNAUTHORISED USE OF YOUR PASSWORD OR ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO BEAUTYNOIR, ITS CORPORATE AFFILIATES AND/OR OTHERS.

When you book a reservation facilitated by the BeautyNoir Companies, your payment information will be collected and transmitted to the supplier to complete the transaction, as described in our Privacy Policy. Please note that the supplier, not the BeautyNoir Companies, is responsible for processing your payment and fulfilling your reservation.

The BeautyNoir Companies will not interfere with reservations arbitrarily, but reserve the right to withdraw booking facilitation services because of certain extenuating circumstances, such as when a reservation is no longer available or when we have reasonable cause to suspect that a reservation request may be fraudulent. The BeautyNoir Companies also reserve the right to take steps to verify your identity to process your reservation request.

In the unlikely event that a service is available when you place an order but becomes unavailable prior to receipt of that service, your sole remedy will be to contact the supplier to make alternative arrangements or to cancel your reservation.

 

Third-Party Suppliers. The BeautyNoir Companies are not beauty service providers and do not provide or own any beauty services. Although the BeautyNoir Companies display information about properties owned by third-party suppliers and facilitate reservations with certain suppliers on or through the BeautyNoir Companies’ websites, such actions do not in any way imply, suggest or constitute the BeautyNoir Companies’ sponsorship or approval of third-party suppliers, or any affiliation between the BeautyNoir Companies and third-party suppliers. Although Account Holders may rate and review particular beauty services, or experiences based on their own experiences, the BeautyNoir Companies do not endorse or recommend the products or services of any third-party suppliers, save that BeautyNoir does issue certain businesses awards that are based on the reviews posted by Account Holders. The BeautyNoir Companies do not endorse any Content posted, submitted or otherwise provided by any user or business, or any opinion, recommendation or advice expressed therein, and the BeautyNoir Companies expressly disclaim any and all liability in connection with such Content. You agree that the BeautyNoir Companies are not responsible for the accuracy or completeness of information they obtain from third-party suppliers and display on the Services.

If you book a reservation with a third-party supplier, then in addition to this Agreement, you agree to review and be bound by the supplier’s terms and conditions of purchase and website use, privacy policy and any other rules or policies related to the supplier’s site or property. Your interactions with third-party suppliers are at your own risk. The BeautyNoir Companies will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any third-party suppliers or for any personal injuries, death, property damage or other damages or expenses resulting from your interactions with third-party suppliers.

The Services may link you to supplier sites or other sites that BeautyNoir does not operate or control. For further information, please refer to the “Links to Third-Party Sites” section below.

 

LIABILITY DISCLAIMER

PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS THE BEAUTYNOIR COMPANIES’ LIABILITY TO YOU FOR ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR USE OF THE SERVICES. IF YOU DO NOT UNDERSTAND THE TERMS IN THIS SECTION OR ELSEWHERE IN THIS AGREEMENT, PLEASE CONSULT A LAWYER FOR CLARIFICATION BEFORE ACCESSING OR USING THE SERVICES.

THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PUBLISHED ON OR OTHERWISE PROVIDED VIA THE SERVICES MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING RESERVATION AVAILABILITY AND PRICING ERRORS. THE BEAUTYNOIR COMPANIES DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS ALL LIABILITY FOR, ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE BEAUTY PROVIDERS AND THEIR SERVICES (INCLUDING, WITHOUT LIMITATION, THE PRICING, AVAILABILITY, PHOTOGRAPHS, LIST OF SERVICES, EXPERIENCE, GENERAL PRODUCT DESCRIPTIONS, REVIEWS AND RATINGS, ETC.). IN ADDITION, THE BEAUTYNOIR COMPANIES EXPRESSLY RESERVE THE RIGHT TO CORRECT ANY AVAILABILITY AND PRICING ERRORS ON THE SERVICES AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE.

BEAUTYNOIR MAKES NO REPRESENTATIONS OF ANY KIND ABOUT THE SUITABILITY OF THE SERVICES, INCLUDING THE INFORMATION CONTAINED ON ITS WEBSITES OR ANY PORTION THEREOF, FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICE OFFERINGS ON ITS WEBSITES OR OTHERWISE THROUGH THE SERVICES DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICE OFFERINGS BY BEAUTYNOIR, NOTWITHSTANDING ANY AWARDS DISTRIBUTED BASED ON USER REVIEWS. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS AND SERVICE OFFERINGS MADE AVAILABLE BY OR THROUGH THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. BEAUTYNOIR DISCLAIMS ALL WARRANTIES, CONDITIONS OR OTHER TERMS OF ANY KIND THAT THE SERVICES, ITS SERVERS OR ANY DATA (INCLUDING EMAIL) SENT FROM BEAUTYNOIR, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, BEAUTYNOIR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS AND THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OR TERMS OF ANY KIND AS TO OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET POSSESSION AND NONINFRINGEMENT.

THE BEAUTYNOIR COMPANIES ALSO EXPRESSLY DISCLAIM ANY WARRANTY, REPRESENTATION OR OTHER TERM OF ANY KIND AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE CONTENT AVAILABLE BY AND THROUGH THE SERVICES.

THE THIRD PARTY SUPPLIERS PROVIDING BEAUTY SERVICES OR OTHER SERVICES ON OR THROUGH THE SERVICES ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE BEAUTYNOIR COMPANIES. THE BEAUTYNOIR COMPANIES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. BEAUTYNOIR HAS NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND ITS DIRECT CONTROL, AND IT HAS NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS OR ACTS OF ANY GOVERNMENT OR AUTHORITY.

SUBJECT TO THE FOREGOING, YOU USE THE SERVICES AT YOUR OWN RISK AND IN NO EVENT SHALL THE BEAUTYNOIR COMPANIES (OR THEIR OFFICERS, DIRECTORS AND/OR EMPLOYEES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OR ANY LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGES ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION OF ANY TYPE ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THE SERVICES OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THE SERVICES (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON REVIEWS AND OPINIONS APPEARING ON OR THROUGH THE SERVICES; ANY VIRUSES, BUGS, TROJAN HORSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS AND SERVICES OBTAINED THROUGH THE SERVICES (INCLUDING, BUT NOT LIMITED TO ANY BEAUTYNOIR COMPANIES’ SYNCRONISATION PRODUCT); PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE SERVICES’ SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THE SERVICES) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND EVEN IF BEAUTYNOIR OR ITS CORPORATE AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

LINKS TO THIRD-PARTY SITES

The Services may contain hyperlinks to websites operated by parties other than the BeautyNoir Companies. Such hyperlinks are provided for your reference only. The BeautyNoir Companies do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this or any other website) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. The BeautyNoir Companies’ inclusion of hyperlinks to such websites does not imply any endorsement of the material on such third party websites or apps or any association with their operators.

In some cases, you may be asked by a third-party site or app to link your BeautyNoir account profile to a profile on another third-party site. You are responsible for deciding if you choose to do so, it is purely optional, and the decision to allow this information to be linked can be disabled (with the third-party site or app) at any time. If you do choose to link your BeautyNoir account to a third party site or app, the third party site or app will be able to access the information you have stored on your BeautyNoir account, including information regarding other users with whom you share information. You should read the terms and conditions and privacy policy of the third party sites and apps that you visit as they have rules and permissions about how they use your information that may differ from the Services, including our websites. We encourage you to review these third party sites and apps and to use them at your own risk.

GENERAL PROVISIONS

We reserve the right to reclaim any username, account name, nickname, handle or any other user identifier for any reason without liability to you.

You agree that no joint venture, agency, partnership or employment relationship exists between you and BeautyNoir and/or its corporate affiliates as a result of this Agreement or use of the Services.

Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of the Services or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of the Services within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in this Agreement shall continue in effect.

This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and BeautyNoir with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and BeautyNoir with respect to the Services. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

The terms and conditions of this Agreement are available in the language of the BeautyNoir websites and/or apps on which Services may be accessed.

The websites and/or apps on which Services may be accessed may not always be updated on a periodic or regular basis and consequently are not required to register as editorial product under any relevant law.

Fictitious names of companies, products, people, characters and/or data mentioned in, on or through the Services are not intended to represent any real individual, company, product or event.

Nothing in this Agreement shall be deemed to confer any third-party rights or benefits, save that BeautyNoir’s corporate affiliates shall be deemed express third party beneficiaries of this Agreement.

You are prohibited from transferring any of your rights or obligations under this Agreement to anyone else without our consent.

Any rights not expressly granted herein are reserved.

 

SERVICE HELP

For answers to your questions or ways to contact us, visit our Contact Us page. Or, you can write to us at:

Managing Director
BeautyNoir Limited
6 Charing House
London
SE1 8TR

Please note that BeautyNoir Limited does not accept legal notices or service of legal process by any means other than hard copy post delivered to the address immediately above.  For the avoidance of doubt and without limitation, we therefore do not accept notices or legal service deposited upon any of our affiliates or subsidiaries.

©2019 BeautyNoir Limited. All rights reserved.

Last updated 26th August 2019.