Terms and Conditions
These Terms and Conditions apply to your access to and use of www.caresmetics.co.uk (our “website”) operated by Caresmetics, 9 Bodington Way, Leeds, LS16 8FY, UK and all of our premises (“Caresmetics” or “we” or “us”). Your access to and use of the website and the information, materials, and services available through the website are subject to these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, do not access or use the website.
1. Changes to these Terms and Conditions
1.1. We may make changes to these Terms and Conditions at any time if we believe it is reasonably necessary to do so (including for security, legal or regulatory reasons). We will give you as much advance notice of this as is reasonably possible (and may do so by communicating the changes to you either when you log in to the website or by sending you notice using the contact information that you have provided to us and/or by any other means we think is appropriate).
1.2. Your continued use of the website will constitute your acceptance of any new or amended terms and/or updates.
2. Copyright and ownership
2.1. All of the content featured or displayed on the website, including but not limited to text, graphics, photographs, images, moving images, sound, and illustrations protected by intellectual property law other than User-Provided Content (together "Content"), is owned by Caresmetics, its licensors, vendors, agents, and/or its Content providers.
2.2. You must not use the website or any Content other than for its intended purpose. Except where we tell you otherwise on the website, you may view, play, print, and download documents, audio, and video found on the website for personal, informational, and non-commercial purposes only.
2.3. You must not modify any of the materials and you must not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or work contained on the website.
2.4. Except as authorised under applicable copyright law, you are responsible for obtaining permission before reusing any copyrighted material that is available on the website. For purposes of these Terms and Conditions, the use of any such material on any other mobile application, website, or online service is prohibited.
2.5. You are responsible for complying with all laws which apply to you and your use of the website. The website, its Content, and all related rights shall remain the exclusive property of Caresmetics or its licensors unless otherwise expressly agreed. You will not remove any copyright, or other proprietary notices from material found on the website.
3. Accuracy of information
We attempt to ensure that information on the website is complete, accurate, and current. Despite our efforts this may not always be the case. Please note that we are not required to maintain or update any such information. You should not rely on any such information and any reliance on any such information is at your own risk.
4. Your provision of information
When you provide information about yourself to us or to other users of the website, including when you create an Account, you agree to: (a) provide accurate and current information, and not to provide information that attempts to impersonate another individual; and (b) maintain and promptly update such information to keep it accurate and current. If you provide any information about yourself that is untrue or inaccurate, or we have reasonable grounds to suspect that such information is untrue or inaccurate, we retain the right to suspend or terminate any account you establish, decline to provide you with services on the website, and/or refuse any or all current or future use of the website or any portion thereof.
5. Your conduct
5.1. You may use our website only for lawful purposes. You may not use our website:
5.1.1.in any way that breaches any applicable local or international laws or regulations;
5.1.2.in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
5.1.3.to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out in our prevailing terms and conditions as amended from time to time; and
5.1.4.to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
5.2. You also agree:
5.2.1.not to reproduce, duplicate, copy or re-sell any part of our website in contravention of the provisions of our Terms; and
5.2.2.not to access without authority, interfere with, damage or disrupt:
5.2.3.any part of our website;
5.2.4.any equipment or network on which our website is stored;
5.2.5.any software used in the provision of our website; or
5.2.6.any equipment or network or software owned or used by any third party.
6. Operation of the website and termination of this agreement
We reserve the right to do any of the following, at any time, at our sole discretion, with or without notice: (i) modify, suspend, or terminate operation of or your access to the website, or any portion of the website, or the agreement between you and us under these Terms and Conditions, for any reason including but not limited to for your violation of these Terms and Conditions; (ii) modify or change the website, or any portion of the website; (iii) interrupt the regular operation of the website, or any portion of the website, as necessary to perform routine or non-routine maintenance, to correct errors, or to make other changes to the website required for, inter alia, changes to the technical environment or functionalities, changes in the number of users or improvements to the services.
7. Access to the website
7.1. Neither Caresmetics, nor any of its respective affiliates guarantee that the functions contained on the website will be uninterrupted or error-free or that defects will be corrected.
7.2. We may suspend, withdraw, discontinue, or change all or any part of the website without notice.
8. Our responsibility for loss or damage suffered by you
8.1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
8.2. 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 or for fraud or fraudulent misrepresentation.
8.3. The website is for domestic and private use. If you use the website for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
9. Even if we delay in enforcing this contract, we can still enforce it later
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
10. Miscellaneous
10.1. In case of contradiction between these Terms and any content contained in other parts of the website or in links, these Terms contained in this document prevail.
10.2. We reserve the right to make changes to these Terms and Conditions at any time.
10.3. The use of this website as well as any purchase agreement executed between you and us, will be subject to the version of these Terms and Conditions in force at the time you place the order through this website or the day you browse this website (as applicable).
10.4. Please check these Terms and Conditions periodically for changes.
11. Data protection
Caresmetics fully respects the privacy of individuals who access and use the website. Your personal data will be collected and used to fulfil necessary contractual obligations outlined in these Terms and Conditions. For details on the manner in which we use cookies, the type of information we collect, how and for what purpose, we use your information and under what circumstances we disclose information please see our Privacy Policy and Cookie Policy.
12. Sub-contracting and assignment
Caresmetics reserves the right to sub-contract, transfer, assign or novate all or any of our rights and obligations under these Terms provided that your rights under these Terms are not affected. You may not sub-contract, assign or otherwise transfer any of your rights or obligations under these terms and conditions without our consent in writing.
13. Events beyond reasonable control
Caresmetics will be not held responsible for any delay or failure to perform or comply with our obligations under these terms and conditions when the delay or failure arises from any cause which is beyond Caresmetics’ reasonable control.
14. Severance
Each provision of these Terms and Conditions shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable from and shall not affect the enforceability of any of the other provisions of these Terms.
15. Applicable law and jurisdiction
These Terms shall be governed by the laws of England and Wales and Caresmetics and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
These Terms and Conditions were last updated on Saturday, 22 October 2022