Terms of Use for Skin Genius V2 – Effective as of 23/06/2022
Welcome to this experience dedicated to SkinGenius V2 (hereinafter the "Experience") made available on https://www.loreal-paris.co.uk.
Please read carefully these Terms of Use which govern the use of this Experience (hereinafter the “Terms”). By using this Experience, you agree to these Terms of Use without reserve.
For any request relating to your use of the Experience, please see https://www.loreal-paris.co.uk.
1. DESCRIPTION OF THE EXPERIENCE
This Experience allows you to use a skin analysis feature. This is an online service capable of analysing skin aging with one picture based on artificial intelligence. Your picture is analysed and then, based on your age and skin type, you will be provided with your skin results and a personalised skincare routine.
Your picture is only used to perform the skin analysis and is deleted automatically post analysis. You may only use your own picture for the purposes of the Experience.
This Experience is administered by: L’Oréal (UK) Limited, 255 Hammersmith Road, London. W6 8AZ, acting through its brand L’Oréal Paris (hereinafter the "Publisher" or "We" or “Us”).
a. Who can use it?
To use this experience, you need to be at least 16 years old and be a resident of the United Kingdom or Republic of Ireland.
b. On what device?
The use of the Experience requires a compatible device with an Internet connection.
You shall bear exclusive liability for any operation related to the required device, as well as any telecommunication expenses incurred in connection with the Experience.
Your operator may charge you additional expenses for accessing the Internet from a mobile phone or tablet.
c. At what price?
We hereby grant you a free license to use the Experience.
You shall bear any further expenses for accessing and using the Internet.
Although We endeavour to keep the Experience accessible at all times, We cannot guarantee said access to you under all circumstances (maintenance, update, force majeure event or other reason beyond our control).
2. USE
a. License
The Experience is hereby licensed, not sold, to you.
As of the effective date of these Terms of Use, subject to compliance with the terms hereof, We hereby grant you on a non-exclusive, revocable and non-transferable license to use the Experience, during the period of use of the Experience, exclusively for private use. The territory for which the Experience user license is hereby granted shall be United Kingdom and Republic of Ireland.
b. Applicable requirements
In connection with your use of the Experience, you hereby agree not to:
(a) Duplicate, copy or use the Experience for any purposes other than as expressly authorised under these Terms of Use;
(b) Attempt (or encourage or support others’ attempts) to reverse engineer, disassemble or decompile the Experience, except for purposes of interoperability, as defined by law;
(c) Adapt, correct, update or alter the Experience in any way;
(d) Create any derivative work based on all or any part of the Experience;
(e) Disclose or publish the results of performance tests on the Experience without our prior written consent;
(f) lease or sublicense the Experience to any third party;
(g) Mask, remove or alter any notice or reference to our proprietary rights;
(h) Correct any error, anomaly, bug or other malfunction or failure affecting the Experience;
(i) Download the Experience if you are in a country We have expressly excluded;
(j) Use the Experience and/or publish any contents via the Experience depicting any third parties and/or works protected under intellectual property rights, without the prior express consent of the right holder(s). You may publish advertising or promotional contents for any products and/or services competing with the L’Oréal group trademarks after obtaining the prior express consent of the relevant right holders. Without prejudice to the foregoing provisions, you shall bear sole liability for all such contents as you may publish via the Experience.
3. INTELLECTUAL PROPERTY
Developing this Experience involved significant investments. The Experience and each of the elements it comprises (i.e., brands, images, texts, videos, etc.) are protected by intellectual property rights. No use, reproduction or representation of the Experience (in whole or in part), on any media whatsoever, for any other purposes, including, but not limited to, commercial purposes, shall be authorised.
4. INFORMATION CONTAINED ON THE EXPERIENCE
a. General provisions
Furthermore, We hereby remind you that inaccuracies and omissions may appear in the information available on this Experience, particularly due to third parties. We hereby undertake to remove inaccuracies or to complete such information on the Experience as soon as possible.
b. Analysis and advice
This Experience is intended to provide general skincare advice and product recommendations and is for information only.
The information delivered is for strictly indicative purposes and shall in no event replace professional or medical skincare advice. For any further information or in the event of doubt, We recommend that you consult your doctor.
Individual analysis results may vary depending on each individual’s skin and the quality of the incoming image and the lighting used.
Accordingly, We cannot guarantee your entire satisfaction with the advice that results from the use of the Experience. To the maximum extent permitted by law, We exclude all liability for any use you make of the Experience.
c. Hypertext links
The hypertext links included on the Experience may lead you to websites published by third parties and the content of which We do cannot control. Accordingly, to the extent that said hypertext links were included on this Experience for the sole purpose of facilitating your browsing experience of the Internet, looking up any third-party websites shall be your own decision and your sole liability.
5. PERSONAL DATA
Your picture collected through this Experience is only used to perform the skin analysis and is deleted automatically post analysis. No other personal data is processed by Us.
6. AMENDMENT TO THE EXPERIENCE AND THE TERMS
We may amend the contents and information included on the Experience as well these Terms, particularly for purposes of compliance with any new applicable legislation and/or regulations and/or to improve the Experience.
Any amendment shall be notified to you via the Experience before becoming effective under these Terms. Unless the amendment requires your express approval, your continued use of the Experience shall be deemed as your acceptance of the new Terms of Use.
7. DISCLAIMER
We shall use our best efforts to maintain access to the Experience and Downloadable Content at all times. However, We cannot guarantee the permanent availability and accessibility of the Experience. Indeed, we may be required to momentarily suspend access to all or part of the Experience, particularly for technical maintenance purposes.
It is hereby further specified that the Internet and IT or telecommunication networks are not error-free and that 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:
Poor transmission and/or reception of any data and/or information via the Internet;
Any external intrusions or computer viruses;
Any defaulting reception equipment or communication networks; and
Any such Internet malfunctions as may hinder the proper operation of the Experience.
Lastly, our liability shall be limited to direct damage, excluding any other damage or loss whatsoever. More specifically, any indirect damage relating, without limitation, to any loss of profit, revenue or goodwill.
8. GOVERNING LAW AND DISPUTES
These Terms of Use shall be governed by the laws of the United Kingdom.
For any issue regarding this experience, please contact Us via email at UKconsumeradvice@loreal.com, or alternatively at the following address:
L’Oréal Paris
L'Oréal (UK) Limited
255 Hammersmith Road,
London
W6 8AZ
