Virtual Try-On Terms and Conditions

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 across selected L'Oréal Paris hair colour and makeup products. The Website provides an illustration of the effect of applying a particular product (e.g. hair colour, makeup), 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 or makeup services.

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.  

OTHER APPLICABLE TERMS

These Terms of Use may refer to the following additional policies, which also apply to the use of our Application:

• Our Privacy Policy https://www.loreal.co.uk/miscellaneous/consumer-privacy-policy.htm , which sets out the terms on which we process any personal data we collect from you, or that you provide to us.
• Our Cookie Settings section of L'Oréal Paris website which sets out information about the cookies on the Application.

If you purchase goods via our Application, the Terms and Conditions of Sale of the retailer you purchase from will apply to the sales.

From time to time we may run competitions and promotions via the Application. Separate terms and conditions will be posted where applicable governing such competitions and promotions.

DISCLAIMER

The content on the Application is provided to allow you to explore the range of L'Oréal Paris hair colour and makeup shades, and is for general information only. It is not intended to amount to content on which you should rely.

Represented results are for illustrative purposes only. Individual results will vary.

The information that the Application delivers is strictly for illustrative purposes and shall in no event replace a professional consultation, nor be substituted for obtaining expert cosmetics advice. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Application.

We do not guarantee that the Application, or any Downloadable Content (as defined below) on it, will always be available or be uninterrupted.

We cannot guarantee your entire satisfaction with the images that result from the use of the Application. To the maximum extent permitted by law, we exclude all liability for any use you make of the Application.

We are responsible to you only for foreseeable loss and damaged caused by Us. If we fail to comply with our obligations under these Terms of Use, we are only responsible for loss or damage you suffer as a foreseeable result of Us infringing these Terms of Use or our failure to use reasonable care and skill. We are not responsible for any loss or damage that is not foreseeable.

CONTACT US

For any request relating to your use of the Application, you may contact Us at the following address:

L'Oréal Paris
L'Oréal (UK) Limited
255 Hammersmith Road,
London
W6 8AZ
You can also contact Us via email at: UKconsumeradvice@loreal.com

1. ACCESS TO THE APPLICATION

(a) Who can use it?

To access and use this Application you need to be an adult of at least 16 years of age or older. If you are a minor, your parental or guardian prior authorisation shall be required. 

As correct on 17/10/18 You may freely use the Application, without being required to sign in or create an account.

(b) How to download and access it?

The Application shall be delivered solely via electronic download from the Apple App Store (iOS) or GOOGLE PLAY (each a "Platform"). You may download from the Platform (i) a copy of the Application; and (ii) install it on the device as per the instructions provided during the installation and/or posted on the Platform.

Access to the Application and/or certain sections of the Application may require the use of PIN codes.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We may limit the number of attempts you make to access the Application and/or certain section thereof order to prevent any fraudulent use of such codes.  Please inform Us of any fraudulent use that you may become aware of. In the event of any breach of the rules set forth under these Terms of Use, We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at UKconsumeradvice@loreal.com.

(c) On what device?

The installation and use of the Application requires a compatible device with an Internet connection. The following operating systems are compatible: iOS and ANDROID.

You are responsible for the operation of the compatible device, as well as any telecommunication expenses incurred in connection with the installation of, access to and downloading of, the Application.

Your operator may charge you additional expenses for accessing the Internet from a mobile phone or tablet.

You are responsible for any network or roaming costs in connection with the Application updates.

In the event of any breach of the rules in the Terms of Use, We reserve the right to suspend your access.

(d) At what price?

We hereby grant you, free of charge, the Licence to use the Application on the terms of set out in Section 2 (Licence and Use).

2. LICENCE AND USE

(a) Licence and Download Rights

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.  

Subject to compliance with these Terms of Use, We grant you a personal, free of charge, non-assignable, non-exclusive, revocable and non-transferable right to use the Application, the Downloadable Content (as defined below) and the "Result" (being User Content (as defined below) or other data modified and/or processed by the Application or within the framework of the Application, exclusively for personal, non-commercial, private, informational purposes (the "Purpose"). The territory for which the Application user Licence described in this Section 2(a) (the "Licence") is granted shall be within the United Kingdom and Republic of Ireland.

We may make available to you via the Application content including (but not limited to) text, content, software, sound, graphics, photographs, illustrations, artwork, names, logos, trademarks, service marks and other material that you are authorised to download (the "Downloadable Content"). We grant you free of charge, a non-exclusive and non-transferable right to use the Downloadable Content for the Purpose. Any reproduction, representation, modification or distribution of the Application shall be prohibited. By downloading or using such Downloadable Content for the Purpose, you agree to use them in accordance with these Terms of Use.

By uploading an image to the feature of the Application, 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.

(b) Applicable requirements

You recognise and accept that the Application, the Downloadable Content, and/or the Result are subject to intellectual property rights and/or image rights and/or other rights of ownership and are only made available within the framework of the Licence and for the Purpose.

The Downloadable Content includes both content owned or controlled by Us and content owned or controlled by third parties and licenced to Us. All such rights are reserved. You agree to abide by all applicable copyright laws and by all additional copyright notices or restrictions contained in the Application. You may not use any trademarks or trade names contained in the Application without prior express written consent and you acknowledge that you have no ownership rights in and to any of those names and marks.

Any reproduction, in whole or in part, of the Application, the Downloadable Content, the Result, or any item included in any of the same, by any process and on any media whatsoever, for purposes other than the Purpose is expressly prohibited. In particular, you must not use any part of the Application or the Downloadable Content for commercial purposes without obtaining a licence to do so from Us or from our licensors.

You agree not to: 

1. duplicate, copy or use the Application for any purposes other than the Purpose and except as authorised under these Terms of Use;
2. attempt (or encourage or support others' attempts) to reverse engineer, disassemble or decompile the Application;
3. adapt, correct, update or alter the Application in any way;
4. create any derivative work based on all or any part of the Application;
5. disclose or publish the results of performance tests on the Application without our prior written consent;
6. lease or sub-licence the Application to any third party;
7. mask, remove or alter any notice or reference to our proprietary rights;
8. correct any error, anomaly, bug or other malfunction or failure affecting the Application;
9. scrape, data mine, use bots or use anything else to gather or extract data;
10. install the Application if you are in a country outside of United Kingdom and Republic of Ireland and/or
11. use the Application and/or publish any content via the Application depicting any third parties and/or works protected under intellectual property rights, without the prior express consent of the right holder(s).

The Licence shall be effective upon your use of the Application (or, as applicable, when clicking on the "I Accept" (or equivalent) button located before your access to the Application) and shall continue in effect until termination of the Licence by Us in accordance with Section 9 (Term and Termination).

3. USER CONTENT

We may make a space available via the Application dedicated to user content such as text, photos, videos, opinions, etc. ("User Content").

You must secure all the necessary authorisations, consents, and rights from any relevant rights holders in connection with any User Content you may wish to post via the Application, including any and all intellectual property rights and/or literary, artistic and/or industrial property rights, and publicity rights (including the right to one's image), to allow your use of such content. For example, you must secure the rights in and to any content (especially photographs) showing recent architectural items, advertising designs or apparel designs that might appear (acronyms, logos, etc.).

The following content standards apply to any and all User Content which you contribute to our Application and to any interactive services associated with it.

You must comply with the spirit and the letter of the following standards.  The standards apply to each part of any contribution as well as to its whole.

User Content must:

• Be accurate (where it states facts);
• Be genuinely held (where it states opinions)
• Comply with applicable law in the UK and in any country from which it is posted.

User Content must not:

• Contain any material which is malicious or defamatory of any person;
• Contain any material which is rude, obscene, offensive, hateful or inflammatory.
• Promote sexually explicit material.
• Promote violence.
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any copyright, database right or trade mark of any other person.
• Be likely to deceive any person.
• Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Promote any illegal activity.
• Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
• Be likely to harass, upset, intimidate, embarrass, alarm or annoy any other person.
• Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
• Give the impression that they emanate from Us, if this is not the case.
• Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
• Use any third party intellectual property without prior authorisation.
• Use the Application for political, propaganda or proselytizing purposes.
• Divert the Application from its intended purpose, including by using it as a dating service.
• Disseminate any information or content that may be upsetting for minors.
• Contain any content advertising or promoting any products and/or services competing with the brand(s) displayed on the Application.
• Disseminate any information that may directly or indirectly allow the nominal and specific identification of an individual without their prior and express consent, such as their last name, postal address, email address, telephone number.

Please inform Us of any User Content which appears contrary to applicable legislation in force and/or to accepted standards of morality and/or the above the standards and/or which infringes the rights of others, at the following address UKconsumeradvice@loreal.com

You are responsible for any User Content that you publish via the Application and for ensuring that the User Content does not conflict with applicable legislation, accepted standards of morality, or these Terms of Use. We reserve the right to remove at any time any such User Content that does not comply with these Terms of Use.

By posting User Content via the Application, you hereby grant Us a perpetual, sub-licensable, royalty-free, irrevocable, non-exclusive, worldwide licence to reproduce, display, use, copy, modify, adapt, edit, distribute, translate, create derivative works from, incorporate into other works, and/or distribute such User Content, in whole or in part.

You authorise Us to use the User Content for all in-house, external, corporate communication, financial communication, advertising, public relations, historical or archival purposes, of the L'Oréal group or its affiliates, products and/or brands, in any media formats and through any media and social media channels (now known or hereafter developed).

You authorise Us to adapt your User Content as initially provided and/or make any such clarification to the User Content as We may consider appropriate.

4. CODE OF CONDUCT

You shall be solely responsible for the content you create with the Application. You have exclusive liability for any third party claims relating to the use of the content using the Application. You shall not:

1. convey any racist, violent, xenophobic, malicious, rude, obscene or unlawful comments.
2. disseminate any content that may be harmful, defamatory, unauthorised, malicious or in breach of privacy or publicity rights, inciting violence, racial or ethnic hatred or qualify as gross indecency or incitement to commit certain crimes or offences.
3. use the Application for political, propaganda or preaching purposes.
4. publish any content advertising or promoting any products and/or services competing with the brand(s) displayed on the Application.
5. disseminate any information that may directly or indirectly allow the nominal and specific identification of an individual without prior and express consent, such as their last name, postal address, email address, telephone number.
6. disseminate any information or content that may be upsetting for children.
7. intimidate or harass others.
8. conduct illegal activities.
9. breach any provision of Section 2 (Licence and Use).
10. post content which is inaccurate or misleading.
11. breach any provision of Section 3 (User Content);
12. disseminate content (including photographs and videos) portraying minors.

We will determine, in our discretion, whether there has been a breach of these Terms of Use through your use of the Application. When a breach has occurred, We may take such action as We deem appropriate, which may result in our taking all or any of the following actions:

1. enforce immediate, temporary or permanent withdrawal of your right to use the Application;
2. enforce immediate, temporary or permanent removal of any posting or material uploaded by you to the Application;
3. issue a warning to you;
4. take further legal action against you; and/or
5. disclose such information to law enforcement authorities as We reasonably feel is necessary.

5. INFORMATION CONTAINED ON THE APPLICATION

General provisions

We try to provide you with accurate and up to date information, however, inaccuracies and omissions may

appear in the information available on the Application. Please inform Us of any error or omissions at UKconsumeradvice@loreal.com

Hypertext links

The hypertext links included on the Application may lead you to websites or resources published, monitored, or hosted by third parties and content which We do not control. Such hypertext links should not be interpreted as approval by Us of those linked websites or information you may obtain from them. We have no control over the contents of those websites or resources.

6. PERSONAL DATA

In relation to the Virtual Try On functionality on the Website, your personal data will not be collected, stored or otherwise processed by L'Oréal. Please note however, that where you are able to share your image, with a third party e.g. a social media provider, L’Oréal may temporarily store your image in order to provide your chosen service. For further information about how any personal data we collect from you or that you provide to us will be processed, please see our Privacy Policy.

7. AMENDMENT TO THE APPLICATION AND THE TERMS OF US

We may amend the contents and information included on the Application as well these Terms of Use, particularly for purposes of compliance with any changes in applicable legislation and/or regulations and/or to improve the Application.

Any amendment shall be notified to you via the Application before becoming effective under these Terms of Use. Unless the amendment requires your express approval, your continued use of the Application shall be deemed as your acceptance of the new Terms of Use.  

8. LIMITATION OF LIABILITY

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

You agree not to use the Application for any purpose other than the Purpose. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

If defective digital content that We have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, We will either repair the damage or pay you compensation. However, We will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

9. TERM AND TERMINATION

The Terms of Use shall take effect on the date on which you first install, access, use, or accept the Terms of Use and shall remain in force throughout your use of the Application.

We may in our sole discretion (acting reasonably) terminate or suspend your account and/or suspend or terminate your access to the Application if (i) you are in material or persistent breach of these Terms of Use or other policies or terms which apply to your use of the Application or We have reasonable grounds to suspect that any such breach has occurred; or (ii) you are in breach of any applicable law or regulation or We have reasonable grounds to suspect such breach has occurred.

We also reserve the right (acting reasonably) to modify, suspend or discontinue your access to the Application, at any time for business or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

10. WAIVER AND SEVERANCE

If We do not insist that you perform any of your obligations under these Terms of Use, or if We do not enforce our rights against you, or We delay in doing so, that will not mean that We have waived our rights against you and will not mean that you do not have to comply with these obligations.

If We do waive a default by you, We will only do so in writing, and that does not mean that We will automatically waive any subsequent default by you.

Each of the conditions of these Terms of Use operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

11. APPLICABLE LAW AND ATTRIBUTION OF JURISDICTION

These Terms of Use for the Application and our relationship with you shall be governed by the laws of England.

Any proceedings in connection with or related to the Application or any dispute as to the validity, interpretation and/or performance of these Terms of Use shall be subject to the jurisdiction of the laws of England and Wales. If you live in Scotland you can bring legal proceedings in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in either the Northern Irish or the English courts.