Thank you for accessing loreal-paris.co.uk (our Site). Please read these terms and conditions (Terms) before using our Site which is operated by L'Oréal (UK) Limited, a company 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’Oréal). Our VAT number is GB 438506540.
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.
OTHER APPLICABLE TERMS
These Terms refer to the following additional policies, which also apply to the use of our Site:
Our Review Terms and Conditions which set out the terms and conditions in accordance which you can leave product reviews 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 regularly 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 these Terms as amended. If at any time you do not wish to accept these Terms, you may not use our Site.
CHANGES TO 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 However, please note that any of the content on our Site may be out of date at any given time, and we are under no obligation to update it.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. 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 as a result 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
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 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 knows your user identification code or password, you must promptly notify us via our Contact Us page or by email [email protected]
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, 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 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; and
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.
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 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, trade mark, 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 [email protected]
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.
LIMITATION OF LIABILITY
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 in particular, we will not be liable for:
loss of profits, sales, business, or revenue
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’Oréal, its employees, representatives and agents, from and against any claims, actions, demands or other proceedings brought against any of L’Oréal, its employees, representatives or agents, by a third party, to the extent that such claim, suit, action or other proceeding brought against L’Oréal, 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 these 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.
References in this section of these 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’Oréal, 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 particular 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.
If you wish to make any use of content on our Site other than that set out above, please contact [email protected]
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 in order 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.
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 and Wales 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 and Wales.
LOCAL LAWS AND REGULATIONS
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.
SEVERANCE & WAIVER
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.
We may make available on this Site a space, powered by Olapic, Inc. (“Olapic”) dedicated to user content, such as for example text, photos, videos, etc. (“User Content”). Were you upload User Content to our site, or respond to our request to use User Content you have already posted to social media with #YesLOrealParisUK, you agree to our #YesLOrealParisUK terms and conditions.
We do not endorse or control the User Content transmitted or posted on the Site and therefore, we do not guarantee the accuracy, integrity or quality of User Content. 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 as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Site.
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 principles set forth herein and/or which infringes the rights of others, at the following address [email protected]
Facebook Messenger on https://www.loreal-paris.co.uk
Where you use the Facebook Messenger, this information will also be stored by and shared with Facebook. This information will be held by Facebook in accordance with its privacy policies. L’Oréal Paris does not accept any responsibility or liability for these practices, and you are encouraged to check these policies before you share any information.
MODIFACE WEBSITE TERMS AND INSTRUCTIONS
In relation to the use of the Virtual Try On functionality available within the Website, you grant to L'Oréal a royalty free, non-exclusive, transferrable, sub-licensable, irrevocable licence to use any image that you upload to the Website for the purpose of providing you with the Virtual Try On functionality.
L'Oréal grant you a limited non-exclusive, non-transferrable, revocable licence to use the Virtual Try On functionality available on the website in the United Kingdom and the Republic of Ireland, solely for the purposes anticipated in the following section Virtual Try On functionality available within the website). This licence is granted to you free of charge.
By uploading an image to the Virtual Try On feature of the Website, you affirm, represent and warrant that you are the owner of, or have the necessary licences, rights, consents and permissions to use and to authorise L'Oréal to use such image as necessary to exercise the licence granted by you in these Terms.
Modiface Virtual Try On Functionality Available within the Website
The Website allows you to use the Virtual Try On functionality. This is an online service capable of try-on simulations on live video and photos. The Website provides an illustration of the effect of applying a particular product (e.g. foundation or hair colour etc.), and does not constitute a guarantee that the result will be exactly the same tone, colour and/or result when you apply the product. We will not be held liable for any inaccuracies with the results of the Website. The information provided by the Website can in no event replace qualified professional clinical consultation, nor substitute for medical treatment or professional hair services or your shade match by visiting your local foundation counter.
You can choose to use the live service (using your device webcam) or to use an existing picture (which will be uploaded from your device) and then, based on the product you would like to try on, you will be provided with your image results. You have the possibility to share the image and the product recommendations via email and you will also have the opportunity to subscribe to the newsletter.
You will have no obligation to purchase such products that are recommended or otherwise referenced through this feature and L'Oréal does not guarantee the availability of any such products.
L'Oréal does not guarantee that this feature will be available outside of the United Kingdom and the Republic of Ireland.
You are free not to use this service.
Your use of Live Chat
If you have any concerns or complaints or want to report an issue about any L’Oréal Paris products and their application to you, or you have technical questions about the Site or an order placed on the Site please contact our Customer Care Department at [email protected] L’Oréal Paris reserves the right to refer your query to its Customer Care Department rather than responding via the Chat Service it if it believes that your query would be better handled in this way.
L’Oréal Paris shall not be held responsible for any content created by you on the Chat Service. To the fullest extent permitted by law, L’Oréal Paris excludes all implied representations, conditions and warranties whether express or implied. L’Oréal Paris shall not be liable to you or any other party for actions, proceedings, claims, losses or damages suffered by you arising from or connected to your use of the Chat Service or indirect or consequential loss or for loss of data, loss of revenue or loss of profits, whether in contract, tort or under statute or otherwise arising from or connected to your use of the Chat Service.
You are not permitted to and you agree and warrant that you will not:
• copy, reproduce, modify or create derivative works of the Chat Service, or any other element of the Site;
• dis-assemble reverse-engineer, decompile or otherwise attempt to determine the underlying source code of the Chat Service or Site;
• take any action with a view to distributing or reproducing the Site or the Chat Service; or
• take any action that would affect the functionality of the Chat Service or the Site, whether in whole or in part.
You do not have the right to sell, lease, sub-licence or provide any portion of the Chat Service or Site to any third party.
By using the Chat Service, you represent and warrant that:
• you are the author of content submitted, that you are not stealing the identity of another person, and you are not using a false email address or otherwise being misleading as to the origin of your query;
• your query or content submitted is your original work and does not infringe the intellectual property rights of third parties;
• you hereby waive all moral rights and any intellectual property rights that would have otherwise vested in you pursuant to the Copyright, Design and Patents and Act 1988;
• all content that you send is truthful and accurate;
• you are at least 18 years old;
You further agree and warrant that you shall not use the Chat Service or submit any query or content:
• that is known by you to be false, inaccurate or misleading;
• that infringes any third party's copyright, patent, trademark, trade secret, right of privacy, moral right or other intellectual property or proprietary rights;
• that contains any information about L’Oréal Paris‘s competitors or their products (namely other manufacturers and/or distributors and/or retailers of health and beauty products);
• that contains any pricing information;
• that refers to a third party individual without their prior express consent;
• that violates any law, statute, or regulation (including, but not limited to, those governing intellectual property, privacy, consumer protection, unfair competition, anti-discrimination or advertising);
• that is, or may reasonably be considered to be illegal, infringing, defamatory, libellous, abusive, hateful, harassing, racially or religiously inappropriate, offensive, inciting of violence, fraudulent, invasive of privacy, threatening, obscene, pornographic, or otherwise injurious to third parties or objectionable;
• that consists of or contains political campaigning, commercial solicitation, chain letters, mass mailings, unsolicited emails or other forms of “spam” regardless of the content;
• that is unrelated to the purpose of asking for tips and questions about our L’Oréal Paris products and services from one of our advisors;
• which contains any swearing, sexual innuendo or sexual language or which promotes or incites the perpetration of any unlawful activity such as drug-taking;
• for which you will derive any compensated or monetary benefit by any third party or which could be construed as an advertisement or solicitation to buy (which shall include any content that directs business away from L’Oréal Paris);
• that includes any information that references other websites, URL addresses, email addresses, contact information or phone numbers;
• that contains any actual, or instructions on how to create, computer viruses, worms, Trojan horses or other potentially disruptive or damaging or harmful computer programs, files, codes or attachments;
• that could alter, steal, corrupt, disable, destroy, trespass, circumvent or violate any security or encryption of the Site, the Chat Service or any computer file, database or network.
L’Oréal Paris reserves the right not to respond to and delete:
• duplicate queries;
• blank queries;
• queries in a language that is not English;
• any unintelligible content (such as content that contains random characters and meaningless word strings); or
The Chat Service may be unavailable from time to time for maintenance or other technical reasons and L’Oréal Paris cannot take any responsibility for any errors, omissions, interruptions, deletions or delays that may be experienced by users when accessing the Chat Service.
By submitting your email address in connection with your use of the Chat Service, you agree that L’Oréal Paris and its third party service providers may use your email address to contact you about the status of your query and for other administrative purposes You agree to indemnify, keep indemnified and hold L’Oréal Paris (which shall include its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, including but not limited to Hinduja Global Solutions UK Limited and Iadvize Limited, harmless from all losses, claims, demands, and damages (actual and consequential) of every kind and nature, direct or indirect including reasonable legal fees, which are incurred by L’Oréal Paris for any breach of your representations and warranties set forth above. L’Oréal Paris reserves the right to suspend or cease to provide the Chat Service at any time without notice.
L’Oreal Paris Skin Genius
Effective as of 14/09/2020
Welcome to this experience dedicated to L’Oreal Paris Skin Genius (hereinafter the "Experience").
For any request relating to your use of the Experience, check out [loreal-paris.co.uk].
This Experience is owned by: L’Oreal UKI, 255 Hammersmith Road, London. W6 8AZ. Head Office is registered 41 Rue Martre, 92117 Clichy, France. (hereinafter the "Publisher" or "We" or “Us”).
1. DESCRIPTION OF THE EXPERIENCE
This Experience allows you to use a skin analysis feature. This is an online service capable of analyzing skin aging with one picture based on artificial intelligence. Your picture is analyzed and then, based on your age and skin type, you will be provided with your skin results and a personalized skincare routine.
Your personalized routine may vary to take into account our retailer’s product catalogue.
The picture collected through the Experience is only used to perform the skin analysis and is deleted automatically post analysis.
a. Who can use it?
To use this Experience you need to be at least 16 years old.
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 endeavor 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).
The Experience is hereby licensed, not sold, to you.
b. Applicable requirements
In connection with your use of the Experience, you hereby agree not to:
(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 authorized.
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. Advice and beauty profile
This Experience is intended to provide general skincare advice and product recommendations and is for information only. 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.
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.
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
The 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.
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
For any issue regarding this Experience, please contact our Customer Service:
L’Oreal Paris, 255 Hammersmith Road, W6 8AZ