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e-commerce for your business
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Terms & Conditions Acceptance of Terms This is a legal agreement ("Agreement") between you, the user, together with any company or other business entity you are representing, if any (collectively, the "Member") and BeautyMarket Ltd. (“Our company”) This Agreement governs the access and use of all products and services, including but not limited to Our company Websites, for which Member registers and which are provided by or through any website or co-branded website owned or controlled by Beautymarket Ltd., or any successor websites (collectively, the "Service"). IF MEMBER DOES NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT PURCHASE, USE OR ACCESS THE SERVICE. The Service is offered to Member conditioned upon Member's acceptance without modification of this Agreement. Member acknowledges that, from time to time, it may be necessary for Our company to update or revise certain provisions of the Agreement. By signing up for any Our company Service and accepting this Agreement, Member agrees that Our company may change the terms of the Agreement in its sole discretion without specific notice to Member. If Member does not agree to the changes proposed by Our company, or to any terms in this Agreement, Member's sole and exclusive remedy is to cancel Member's Our company Service ("Member's Account"). Notwithstanding the foregoing, Our company reserves the right to cancel, suspend or refuse access to the Service to anyone in its sole discretion. Unless explicitly stated otherwise, any new features or products that change, augment or enhance the current Service shall be subject to this Agreement. General Use of the Service Member shall not use the Service, in whole or in part, for any purpose that is unlawful or prohibited by this Agreement. Member agrees that Member will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other Website or product, transfer, or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the Service other than for use as contemplated in any Service, including but not limited to the creation or operation of Member created Websites, (collectively, "Member Site") in accordance with this Agreement. This means, among other activities, that Member agrees not to engage in the practices of "screen scraping", "database scraping", or any other activity with the purpose of obtaining lists of users or other information. Member agrees that Member will not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service. Member may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service. Except with the written permission of Our company, Member agrees that Member will not access or attempt to access password protected, secure or non-public areas of the Service. If Member attempts to access prohibited areas of the Service, Member may be subject to prosecution. Member agrees to pay Member's Account balance on time. Member also agrees to pay any taxes, including sales or use taxes, resulting from Member's use of the Service. Member is responsible and liable for any fees, including solicitor and collection fees, that Our company may incur in its efforts to collect any remaining balances due from Member. This Section 3 shall in no way limit any other remedies available to Our company. Member also acknowledges and agrees that Member will be billed for and will pay any outstanding balances if Member cancels Member's Account or Member's Account is terminated due to Member's breach of this Agreement. Member must notify Our company of any billing problems or discrepancies within sixty (60) days after they first appear on Member's credit card account statement. If Member does not notify Our company within sixty (60) days, Member waives any right to dispute such problems or discrepancies. If Member has registered for a trial of a Service ("Trial Period"), Member will have the entire Trial Period within which to purchase the Service Member is using in order to retain any Member Content (as defined below) that is on the Member Site(s) that Member built during the Trial Period. If Member have not purchased the Service by the end of the Trial Period, all of your Member Content will be deleted. Our company is not responsible for any damages to Member in the event Member decide not to purchase the Service and Our company deletes your Member Content after the Trial Period expires. Our company may show advertisements on any portion of the Service which it provides to Members free of charge, excluding limited timed free trial accounts. Please see section nine (9) of this Agreement for more information regarding third party advertising content. Member Registration/Privacy Policy In order for Member to participate in the Service, Our company will require Member to provide specific information about Member and/or and Member's business. If Member chooses to become a customer, Member agrees to provide true, accurate and complete information and to refrain from impersonating or falsely representing Member's affiliation with any person or entity. Member shall maintain a valid email address at a all times. Member shall be responsible for maintaining the confidentiality of Member's Account and password and shall be responsible for any and all transactions by users given access to such account or password and any and all consequences of use or misuse of such account and password. Member shall be responsible for all actions by such users, including without limitation former employees and former partners, and shall indemnify Our company for such actions as set forth in Section 14. Any information supplied by Member upon registering for the Service and any other information about Member and/or Member's business (collectively, "Member Data") is subject to Our company's Privacy Policy. Our company will send Member newsletters and e-mail messages to inform Member of new products, promotions, features and helpful tips for Our company services . Our company will also use email to inform Member of important policy changes or subscription renewal notices. Member Account Limitations Member hereby acknowledges that Our company may, from time to time, establish general practices and limits concerning the use of the Service, including without limitation, (a) the maximum number of days that email messages, guest book entries, discussion board postings or other content posted on the Member Website will be retained by Our company, (b) maximum limits on bandwidth usage that will be allotted to Member, (c) maximum limits on storage space, (d) the maximum number of Websites per Member Account, (e) maximum number of photographs or other data according to the type of Member Account, (f) maximum limits on the number of pages within each Member Website, and (g) maximum time limitations for the retention of Member Content following a Trial Period or account cancellation. Our company further reserves the right to delete at any time without prior notice duplicate images uploaded for printing. Any of the foregoing limits will be consistent with the Service (including any upgrades) for which Member has registered. Member agrees that Our company has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Service. Member further acknowledges and agrees that Our company reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. Member also acknowledges that any references to unlimited Websites ("Unlimited Email") offered per paying account shall be defined as not exceeding 99 email addresses per paying account. Our company reserves the right to charge member for any third party fees associated with the creation of additional sites, including but not limited to domain registration fees. Additionally, the Our company service has the following service specific bandwidth limitations: (i) 2 Gigabytes of bandwidth and 1000 photographs. Content Submitted to Our company Although Our company firmly believes in the value of free and open dissemination and exchanges; however, it is under no obligation, but does reserve the right, to monitor, pre-screen, or otherwise remove any content stored in its servers. Therefore, Our company cannot be responsible for the appropriateness, accuracy, sufficiency, correctness, veracity, completeness, or timeliness of such thoughts and opinions. Member acknowledges that Member should always use caution when posting any personally identifying information about Member or Member's employees on the Service, the Member Site, or any other user sites. Member Conduct Member's right to use the Service is personal to Member and Member's company and its employees (if applicable). Member, and not Our company, is entirely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Member Content") posted via the Service. Member, and not Our company, is also responsible for compliance with all laws, regulations and ordinances connected with all aspects of Member's use of the Service. Member shall not use the Service for any illegal purpose in violation of any local, state, federal or international law. Member must provide all required and appropriate warnings, information and disclosure, comply with all applicable laws and regulations, and take all other required and appropriate actions (collectively, "Information and Actions") in connection with Member's use of the Service. If the Service does not provide adequate facility or features for Member to provide such Information and Actions, then Member shall not use the Service. Our company does not control or monitor the Member Content posted via the Service and as such, does not guarantee the accuracy, integrity or quality of such content. Our company reserves the right, but is not obligated to review the Member Content posted via the Service and to refuse or remove any such materials in its sole discretion, without notice at any time. Our company also reserves the right to disclose any information or materials as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or remove any information or materials, in whole or in part, from the Member Content in Our company's sole discretion. With respect to the content on the Member Website, Member agrees not to: post, upload or otherwise transmit any content which is misleading to others or impersonate any person or entity or falsely state or otherwise misrepresent Member's affiliation with a person or entity to others, including, but not limited to, consumers; post, upload or otherwise transmit any content that is threatening, abusive, harassing, tortuous, defamatory, obscene, libellous, invasive of another's privacy, hateful, or racially and ethnically objectionable; post, upload or otherwise transmit any content that Member does not have a right to post and transmit under any law or under contractual or fiduciary relationships (such as information learned or disclosed as part of employment relationships or under nondisclosure agreements); post, upload or otherwise transmit any content, such that such posting, uploading, or transmission constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party; post, upload or otherwise transmit any materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment and/or attempt to access the accounts of others, or attempt to penetrate security measures of Our company, its vendors or suppliers or other entities' systems ("hacking"), whether or not the intrusion results in corruption or loss of data; post, upload or otherwise transmit any materials that impose an unreasonable or disproportionately large load on Our company's infrastructure that exceed the limits provided by the Service for which Member registered; post, upload or transmit any unsolicited or unauthorized advertising, promotional materials, "spam," "chain letters," "pyramid schemes," or any other form of solicitation; interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; intentionally or unintentionally violate any applicable local or international law. forge any headers or other manipulation of identifiers in order to disguise the origin of any content transmitted through the Service; promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals; or sell, distribute, disseminate or link to any sites for marketing, sales, distribution of: firearms, explosives, ammunition, liquor, tobacco products and any other products or services that (i) Member cannot legally sell, (ii) are misrepresented, and/or (iii) if sold via the Member Website could cause Our company to violate any law, statute or regulation. post or disclose any personal or private information or images about children or any third party without their consent (or a parent's consent in the case of a minor). Our company may terminate Member's account for failure to comply with the above listed rules of Member Conduct. Additionally, Our company may request Member to place all or any portion of the Member Content behind password protection if Our company determines that such content is inappropriate for the community at large but does not otherwise violate the terms of this Agreement. If Our company has requested Member to place Member Content behind password protection or if Member independently determines that the Member Content appropriately belongs behind password protection, Member may not publish the password in such a way that negates the limited-access nature of the password protected site. If Our company requests Member to place any Member Content behind password protection and Member fails to do so promptly, Our company reserves the right to (a) place such content behind password protection itself, or (b) terminate Member's Account. Third Party Content For Member's convenience, the Service may contain products, services, content and information from third party providers (which includes advertisers and affiliates) and/or links to their Websites ("Third Party Content"). Such Third Party Content is not under the control of Our company and Our company is not responsible for such content, including, without limitation, any link contained in such content, or any changes or updates to such content. Our company is under no obligation, but does reserve the right to pre-screen Third Part Content available on the Service and does not assume any responsibility or liability for the content provided by others. Our company is providing such Third Party Content to Member only as a convenience, and the inclusion of such content does not imply endorsement by Our company of such content or the affiliate or advertiser. Member may be subject to additional and/or different terms, conditions, and privacy policies when using third party products, services, content, software, or sites. Our company does reserve the right to remove content that, in Our company's judgment, does not meet its standards, but Our company is not responsible for any failure or delay in removing such material. Our company is not and will not be responsible for (i) the terms and conditions of any transaction between Member and any third party, (ii) any insufficiency of or problems with any such third party's background, insurance, credit or licensing, or (iii) the quality of services performed by any such third party or any other legal liability arising out of or related to the performance of such services. In the event that Member has a dispute with any such third party, Member releases Our company (and its affiliates, suppliers, agents and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Disclaimer of Warranties MEMBER EXPRESSLY UNDERSTANDS AND AGREES THAT: (A) MEMBER'S USE OF THE SERVICE IS AT MEMBER'S SOLE RISK. OUR COMPANY AND ITS SUPPLIERS PROVIDE THE SERVICE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, AND THE MEMBER SITE(S) "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. (B) OUR COMPANY AND ITS SUPPLIERS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET MEMBER'S REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, AND (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY MEMBER THROUGH THE SERVICE WILL MEET MEMBER'S EXPECTATIONS. (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE, OR MEMBER SITES IS DONE AT MEMBER'S OWN DISCRETION AND RISK, AND MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. Limitation Of Liability IN NO EVENT SHALL OUR COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA OR PROFITS (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF OUR COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OR INABILITY TO USE THE SERVICE, (B) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, (C) FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO MEMBER. IN NO EVENT SHALL OUR COMPANY'S AGGREGATE LIABILITY TO MEMBER AND/OR ANY THIRD PARTY ARISING FROM OR RELATING TO THIS AGREEMENT EXCEED THE AMOUNT MEMBER ACTUALLY PAYS TO OUR COMPANY UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING THE DATE THE CLAIM AROSE OR £500.00, WHICHEVER IS LESS. Without limiting the foregoing, neither Our company nor its suppliers is responsible for any of Member's data residing on the Service or Our company's suppliers' hardware. Member is responsible for backing-up Member's data and information that may reside on the Service or Our company's suppliers' hardware, whether or not such information is produced through the use of the Service. It is Member's responsibility to take the necessary steps to ensure that Member's primary means of business is maintained (if applicable). Proprietary Rights to Member Content Our company does not claim ownership of the Member Content that Member provides to Our company and/or places on the Member Site. However, Member grants Our company a worldwide, royalty-free, non-exclusive license to (i) host, use, reproduce, modify, distribute, transmit, combine with information provided by third parties, and publicly display the Member Content on and through the Service and in Our company's promotional or advertising materials (only for the limited purpose of promoting the Service), and (ii) sublicense to third parties such Member Content to the extent necessary for the creation and maintenance of, in part or in whole, such Websites. No compensation will be paid or due Member with respect to Our company's or its sublicensee's use of the materials as licensed above. By posting messages, uploading files, inputting data, submitting any feedback or suggestions, or engaging in any other form of communication with or through any Member Site, Member warrants and represents that Member owns or otherwise controls the rights necessary to do so and to grant Our company the license set forth above, and, pursuant to the terms set forth in Section 14, Member will defend and indemnify Our company and its suppliers from any third party claim related to a breach of any of the foregoing representations and warranties. Our company Proprietary Rights/Software Licenses Member acknowledges and hereby agrees that the Service and any software and website designs used in connection with the Service (the "Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Member further acknowledges and agrees that content contained in sponsor advertisements or information presented to Member through the Service, advertisers and/or Discussion Boards is protected by applicable copyrights, trademarks, service marks, patents and other proprietary rights and laws. Our company provides Member with a non-exclusive, non-transferable, limited license to use the Software, which Member agrees to use in accordance with this Agreement. Member may not sub-license or charge others to use or access the Software without first obtaining written permission or a written agreement from Our company. The Software is owned by Our company and/or its suppliers and is protected to the maximum extent permitted by copyright laws and international treaty provisions. Any reproduction, modification, creation of derivative works from or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. The Software, its structure, sequence and organization and source code are considered trade secrets of Our company and its suppliers and are protected by copyright law. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. MEMBER MAY NOT DECOMPILE OR DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY SOURCE CODE CONTAINED IN ANY SOFTWARE PROVIDED HEREUNDER. Indemnification Member agrees to indemnify and hold Our company and its suppliers, affiliates, partners, subsidiaries and employees (collectively, the "Indemnified Parties") harmless from any and all claims and demands, losses, liability costs and expenses (including, but not limited to, reasonable solicitors fees), incurred by an Indemnified Party arising out of or related to (i) Member's breach of this Agreement; (ii) any information (including but not limited to Member Content and Member's publicly posted information) submitted, posted, or otherwise provided by Member at the Member Site and/or to Our company and/or its affiliates; (iii) any dispute or litigation between an Indemnified Party and a third party caused by Member's actions; and (iv) Member's negligence or violation or alleged violations of any rights of another. These obligations will survive any termination of Member's relationship with Our company or Member's use of the Service. To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract of Our company and/or its suppliers, affiliates, partners, subsidiaries and employees. Copyright and Trademark Notices All materials of the Service and the Software (as well as the organisation and layout of the Service are owned and copyrighted or licensed by Our company, its affiliates or its suppliers. All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials of the Service, which includes the Our company Websites (and any successor Websites or additional Websites or any co-branded Websites), and/or the Software, is permitted without the written permission of Our company. Any rights not expressly granted herein are reserved. Modification of the Service Our company reserves the right, at its sole discretion, to, at any time, modify, or discontinue the Service, temporarily or permanently, (or any part thereof), including the imposition of limits on certain features and services or restriction of access to parts or all of the Service, with or without notice. Member agrees that Our company shall not be liable to Member or to any third party for any modification, suspension or discontinuance of the Service. Member further agrees that Our company shall have the right to remove any feature from the Member Site, with or without notice to Member, at any time at Our company's sole discretion, if Our company discontinues offering the feature for any reason. If Member does not agree to any such modifications, Member's sole and exclusive remedy is to cancel Member's Account. Termination/Cancellation of Member Account Either Member or Our company may terminate or cancel Member's Account (or any part of the Service) at any time, but Our company will not refund any pre-paid fees upon such termination or cancellation after the 30 day money back guarantee. |
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BeautyMarket ltd. |
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