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Terms & Conditions:
WEBSITE TERMS AND CONDITIONS
1 INTRODUCTION
(a) These terms and conditions (Terms) apply when you use this website, www.seriouslybeauty.com (Website). The Website is an online review platform which allows its users to undertake the following activities (Intended Use):
(i) write a review or give feedback for different products;
(ii) prove a rating for different products;
(iii) read reviews, ratings and feedback provided by other users of the Website;
(iv) read any product/brands/ industry related information, as available on the Website;
(v) browse through affiliate links, deep links, advertisements etc. displayed on the Website;
(vi) participate in marketing campaigns, surveys, competitions, giveaways etc., as may be organised from time to time; and
(vii) undertake such other activities or access such other features, as may be made available through the Website from time to time.
(b) You agree to be bound by these Terms which form a binding contractual agreement between you and us, EVRSLASH LTD. (trading as Seriously Beauty), a company registered in England and Wales under company number: 15553011 with registered office at 128 City Road, London, United Kingdom EC1V 2NX (‘The Company’ ‘we’, ‘our’ or ‘us’).
(c) If you don’t agree to these Terms, you must refrain from using the Website.
(d) We may change these Terms at any time by updating this page of the Website, and your continued use of the Website following such an update will represent an agreement by you to be bound by the Terms as amended.
(a) This Website is not intended for unsupervised use by any person under the age of 18 years old or any person who has previously been suspended or prohibited from using the Website. By using the Website, you represent and warrant that you:
(i) have not been suspended or prohibited from using the Website; and
(ii) are either:
(A) over the age of 18 years and accessing the Website for personal use; or
(B) accessing the Website on behalf of someone under the age of 18 years old and consent to that person’s use of the Website.
(b) Please do not access the Website if you are under the age of 18 years old and do not have your parent or guardian’s consent, or if you have previously been suspended or prohibited from using the Website.
(c) If you use the Website on behalf of a company or organisation, you warrant that you have the necessary authority from that company or organisation to do so. If you are signing up not as an individual but on behalf of your company, your employer, an organisation, government or other legal entity (Represented Entity), then “you” and “User” means the Represented Entity and you are binding the Represented Entity to this agreement. If you are accepting this agreement and using our Website on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.
(a) In order to use most of the functionality of the Website, all users of the Website (Users) are required to sign-up, register and receive an account through the Website (an Account).
(b) As part of the Account registration process and as part of your continued use of the Website, you are required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, postal and physical addresses, mobile phone number, and other information as determined by The Company from time to time.
(c) You warrant that any information you give to The Company in the course of completing the Account registration process will always be accurate, honest, correct and up-to-date.
(d) Once you complete the Account registration process, The Company may, in its absolute discretion, choose to accept you as a registered user within the Website and provide you with an Account.
(e) The Company reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you.
(f) The Company may, in its absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with this agreement.
(g) In case you want your account to be deleted from the Website, you may send us an email at [email protected] with your request for deletion of the Account.
As a User, you agree:
(a) not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment;
(b) to not share your Account with any other person and that any use of your Account by any other person is strictly prohibited. You must immediately notify The Company of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Website’s security;
(c) to not use the Website for any purpose other than the Intended Use, including:
(i) you must not use the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including requesting or accepting a job or a sale which includes illegal goods, activities or purposes); and
(ii) you must not use the Website in connection with any commercial or money making or other promotional or marketing endeavours except those that are endorsed herein, or as approved in writing by The Company;
(d) not to act in any way that may harm the reputation of The Company or associated or interested parties or do anything at all contrary to the interests of The Company or the Website;
(e) not to make any automated use of the Website and you must not copy, reproduce, translate, adapt, vary or modify the Website without the express written consent of The Company;
(f) not to modify, copy, adapt, reproduce, disassemble, decompile, reverse engineer or extract the source code of any part of the Website.
(g) that The Company may change any features of the Website at any time without notice to you;
(h) that information given to you through the Website, by The Company or another User is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information including any action taken by you by relying on any review, rating, ranking or feedback posted by any other User or by The Company on the Website; and
(i) that The Company may cancel your account at any time, including if it considers, in its absolute discretion, that you are in breach or are likely to breach this clause 4.
5.1 WARRANTIES
By providing or posting any information, reviews, ratings, feedback, materials, images, GIFs, emojis or other content on the Website (Posted Material), you represent and warrant that:
(a) you are authorised to provide the Posted Material (including by being authorised to post any review, rating, feedback for any products you have used);
(b) the Posted Material is accurate and true at the time it is provided;
(c) any Posted Material which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;
(d) the Posted Material is free from any harmful, discriminatory, defamatory, maliciously false implications or the Posted Material avoids stereotypes, prejudices, or generalizations about people based on race, ethnicity, religion, gender, sexual orientation, or other personal characteristics and does not contain any offensive or explicit material;
(e) the Posted Material is not “passing off” of any product or service and does not constitute unfair competition;
(f) the Posted Material does not infringe any Intellectual Property Rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world;
(g) the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Website or any network or system; and
(h) the Posted Material does not breach or infringe any applicable laws.
5.2 LICENCE
(a) You grant to The Company a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in any Posted Material in order for The Company to use, exploit or otherwise enjoy the benefit of such Posted Material.
(b) If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release The Company from any and all claims that you could assert against The Company by virtue of any such moral rights.
(c) You indemnify The Company against all damages, losses, costs and expenses incurred by The Company arising out of any third party claim that your Posted Material infringes any third party’s Intellectual Property Rights.
5.3 REMOVAL
(a) The Company acts as a passive conduit for the online distribution of Posted Material and has no obligation to screen Posted Material in advance of it being posted. However, The Company may, in its absolute discretion, review and remove any Posted Material (including links to you, your profile, review(s), rating(s), feedback or any other information you have posted on the Website) at any time without giving any explanation or justification for removing the Posted Material.
(b) You agree that you are responsible for keeping and maintaining records of Posted Material.
While using the Website and posting the review, rating or feedback for different products, through the Website, you hereby agree that:
(a) You may provide review, rating or feedback for any products which are listed on the Website, for the benefit of other Users of the Website, subject to any such review, rating or feedback being in compliance with these Terms.
(b) Review, rating or feedback will be displayed on the Website and will be available to be viewed by other Users of the Website and these may remain viewable even post cancellation of your Account with the Website.
(c) You must provide true, fair and accurate information in your reviews, rating or feedback.
(d) If we consider that a review or feedback is untrue, unfair, inaccurate, offensive inappropriate or not in compliance with the provisions of these Terms, we may delete the such review or feedback or ban the relevant user from posting the review, or future reviews, ratings or feedback. We do not undertake to review/analyse each review or feedback posted by any User on the Website.
(e) To the maximum extent permitted by law, we are not responsible for the content of any reviews or feedback posted on the Website.
(f) You must not publish reviews, ratings or feedback for the products manufactured or distributed by an entity, to which you have personal or professional relations.
(g) Users can only write a review or feedback or give rating for a product if they have had an experience of using the product.
(h) You are encouraged to be specific and factual in your reviews and feedback. If you have been offered an incentive to write a review or feedback, you should include information about this in your review or feedback. Incentives include you being offered a gift, reward, discount or advantage for writing a review or feedback or giving a rating about the product on the Website.
(i) Reviews or feedback posted by Users of the Website do not constitute any expert or medical advice for any product and Users are requested to consult a professional for seeking any advice concerning use of any product for health reasons.
7 SERVICE LIMITATIONS
While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that from time to time, you may encounter the following issues:
(a) the Website may have errors or defects (or both, as the case may be);
(b) the Website may not be accessible at times;
(c) messages sent through the Website may not be delivered promptly, or delivered at all;
(d) information you receive or supply through the Website may not be secure or confidential; and
(e) any information provided through the Website may not be accurate or true.
(b) You may make a temporary electronic copy of all or part of the Website Content for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website Content without prior written consent from The Company or as permitted by law.
The Website may contain text, images, data and other content provided by a third party and displayed on the Website (Third Party Content). The Company accepts no responsibility for Third Party Content and makes no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.
(a) If we need to acquire goods or services supplied by a third party, you may be subject to the terms and conditions of that third party (Third Party Terms).
(b) Provided that we have notified you of such Third Party Terms and provided you with a copy of those terms (for example, a link on our Website or otherwise set out in these terms), you agree to any Third Party Terms applicable to any goods or services supplied by a third party that we use to provide you with the Website or any services related to Website and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
(C) You have the right to reject any Third Party Terms. If you reject the Third Party Terms, we cannot provide you with the services associated with the Website and you can stop using the Website.
(a) The Website may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content. Such links may be for purchase of the products, for which reviews, ratings or feedback are available on the Website, from other e-commerce websites. Any purchase of the products from linked e-commerce website will be subject to the terms and conditions of use of such e-commerce website.
(b) Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.
12 COMPETITIONS AND PRIZES
From time to time, The Company may run competitions, free prize draws, promotions and giveaways through the Website, which will be subject to such additional terms and conditions as will be made available at the Website at the relevant time. Participation in any such competitions, free prize draws, promotions and giveaways etc., will be open for all Users of the Website subject to the User agreeing with such additional terms and conditions as will be applicable for such competitions, free prize draws, promotions and giveaways.
13 SECURITY
The Company does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Website. You should take your own precautions to ensure that the process you employ to access the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference.
14 LIABILITY
(a) To the maximum extent permitted by applicable law, Company limits all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this Website, these terms or any services provided by The Company, is limited to £100GBP.
(b) All express or implied representations and warranties in relation to the services provided through the Website and the associated services performed by Company are, to the maximum extent permitted by applicable law, excluded.
(c) (Indemnity) You indemnify The Company and its employees and agents in respect of all liability for loss, damage or injury which is or may be suffered by any person arising from your or your representatives’:
(i) breach of any of these terms;
(ii) use of the Website; or
(iii) use of any services provided by Company.
(d) (Consequential loss) To the maximum extent permitted by law, under no circumstances will The Company be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, reputation, anticipated savings, profits or revenue arising under or in connection with this Website, these terms or any services provided by The Company (except to the extent this liability cannot be excluded under law.
(e) Nothing in these terms or any Order will exclude or limit a party’s liability for fraud or intentional unlawful conduct by a party, or death or personal injury resulting from a party’s negligence.
(f) To the extent that the provisions of any applicable law shall impose restrictions on the extent to which liability can be excluded under these terms, including, for the avoidance of doubt, the provisions of sections 3, 6 and 11 of the Unfair Contract Terms Act 1977 in the UK (and its equivalent in any other jurisdiction) relating to the requirement of reasonableness, the exclusions set out in this clause will be limited in accordance with such restrictions. However, any exclusions of liability that are not affected by such restrictions will remain in full force and effect.
You agree that:
(a) no information owned by The Company, including system operations, documents, marketing strategies, staff information and client information, may be disclosed or made available to any third parties; and
(b) all communications involving the details of other Users on this Website and of the Seller are confidential, and must be kept as such by you and must not be distributed nor disclosed to any third party.
You agree to be bound by the clauses outlined in The Company’s Privacy Policy, which can be accessed here https://seriouslybeauty.com/privacy-policy .
(a) Either the Company or the User may terminate the User’s account at any time for any reason.
(b) If a User wants to terminate their account (and/or any other membership they hold in connection with the Website), they can do so by using the Website’s functionality where available. Where such functionality is not available, the Company will affect such termination within a reasonable time after receiving written notice from the User.
(c) In the event that a User’s Account is terminated, the User’s access to all posting tools on the Website will be revoked.
(d) Notwithstanding termination or expiry of your Account, this agreement, or any other membership you hold in connection with the Website, the provisions of these Terms and Conditions and any other provision in this agreement which by its nature would reasonably be expected to be complied with after termination or expiry, will continue to apply.
18 NOTICES
A notice or other communication to a party under this agreement must be:
(a) in writing and in English; and
(b) delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond for the purposes of the subject matter of this agreement as at the date of this agreement [email protected] .The parties may update their Email Address by notice to the other party.
(c) Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
(i) 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
(ii) when replied to by the other party,
whichever is earlier.
19 GENERAL
19.1 GOVERNING LAW AND JURISDICTION
This agreement is governed by the law applying in England and Wales. Each party irrevocably submits to the exclusive jurisdiction of the courts of England and Wales in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
19.2 WAIVER
No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
19.3 SEVERANCE
Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.
19.4 JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
19.5 ASSIGNMENT
A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.
19.6 COSTS
Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.
19.7 ENTIRE AGREEMENT
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.
19.8 INTERPRETATION
(a) (singular and plural) words in the singular includes the plural (and vice versa);
(b) (gender) words indicating a gender includes the corresponding words of any other gender;
(c) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(d) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(e) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(f) (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
(g) (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
(h) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
(i) (includes) the word “includes” and similar words in any form is not a word of limitation; and
(j) (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.
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