Last Updated: December 2019
OTHER APPLICABLE TERMS
These Terms refer to the following additional policies, which also apply to the use of 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 from time to time 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 the Terms as amended. If at any time you do not wish to accept the 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 However, please note that any of the content on our Site may be out of date at any given time, and we are under no obligation to update it.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. We may need to suspend access to our Site at times for technical or maintenance purposes. Internet and IT or telecommunication networks are not error-free and 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 malfunction as may hinder the proper operation of the Website.
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.
Except for our e-commerce site (which is governed by separate terms and conditions of use as detailed in our Terms and Conditions of Sale https://www.kerastase.co.uk/static-pages/general-conditions.html 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
You may use our Site only for lawful purposes. You must not use our Site:
- In any way that breaches any applicable local, national or international law or regulation;
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- For the purpose of harming or attempting to harm minors in any way;
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards below;
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
- 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.
You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of our Site in contravention of the provisions of these Terms; and
- Not to access without authority, interfere with, damage or disrupt:
- Any part of our Site;
- Any equipment or network on which our Site is stored;
- Any software used in the provision of our Site; or
- Any equipment or network or software owned or used by any third party.
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, database rights, 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 other intellectual property regimes 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:
- you make no more than one printed copy of such download and no further copies of such printed copy are made; and
- you make only personal, non-commercial use of such download and/or printed copy, unless our site specifically authorises your commercial use only where you are an authorised distributor of Kerastase products and use the content only in accordance with any additional restrictions or guidelines provided to you;
- 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
- you retain on such download and/or printed copy all copyright notices and shall remain bound by the terms of such wording and notices; and
- Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged; and
- 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.
In the event that We make part of a Site available to you which enables you to edit a picture (especially in order to virtually test a product), you hereby acknowledge and agree that such the Site shall be only for your own private use in compliance with its intended purpose in accordance with any further restrictions or guidelines made available to you. 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 promptly 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 using our contact us form here: https://www.kerastase.co.uk/contact-us
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.
Any advice provided on the Site and/or any diagnostic tools that may be made available are merely simulations intended for obtaining expert cosmetics advice. The information they deliver are for strictly indicative purposes and shall in no event replace a medical diagnosis or clinical consultation, nor be substituted for a medical treatment. Accordingly, we cannot guarantee your entire satisfaction with the advice that results from the use of such tools and assume no liability for any use you may make thereof.
For any further information or in the event of doubt, we recommend that you consult a professional.
The products and services presented to you on this Site are not offered for sale but a general presentation of the range of the products and services that We distribute in the country where this Site is available.
THIRD PARTY USER-GENERATED CONTENT
This website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site are their own and do not represent our views or values. We do not endorse or control the User Content transmitted or posted on the Site and therefore, we do not guarantee the accuracy, integrity, legality or quality of User Content. The Olapic gallery may include content from consumers from outside of the UK and Ireland. We make no representations that results depicted are achievable, as content may have been altered by users. 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. If you wish to complain about information and materials uploaded by other users please contact us via our contact us form here https://www.kerastase.co.uk/contact-us.
Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the Acceptable Standards below. We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with these content standards. Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us, and other users of our site, a limited licence to use, store and copy that content and to distribute and make it available to third parties.
We may make available via this Site a space dedicated to user content whereby you as a user of our Site can upload content such as text, photos, videos, opinions, etc. (the "User Content") on forums including but not limited to:
- Chat rooms
- Bulletin boards
- Review forums
- Q&A services.
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users from third parties when they use any interactive services provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant services (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
For any User Content that you upload or you post on the Site, you grant L’Oréal a perpetual, irrevocable, worldwide, royalty-free, fully sub-licensable and transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and distribute such content and/or incorporate such User Content together with your username/name and location into any form, medium or technology, including (but not limited to):
- On all electronic, IT, digital, multimedia and internet media including L’Oréal’s websites, social media pages and other online presences;
- On all advertising media both online and offline;
- On internal L’Oréal communications within the L’Oréal group;
- For corporate, financial communication and public relations communications and disclosures;
- On retailer-and client-facing media.
These content standards apply to any and all User Content which you contribute to our Site 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 Site for political, propaganda or proselytizing purposes.
- Divert the Website 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 Site.
- 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 Acceptable Standards set forth herein and/or which infringes the rights of others, at the following address via our contact us form here https://www.kerastase.co.uk/contact-us
Suspension and Termination
- We will determine, in our discretion, whether there has been a breach of these Acceptable Standards through your use of our Site. When a breach of these Acceptable Standards has occurred, we may take such action as we deem appropriate, and may result in our taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use our Site.
- Immediate, temporary or permanent removal of any User Content uploaded by you to our Site.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
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;
- business interruption;
- 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.
Different limitations and exclusions of liability will apply to liability arising as a result of the purchase of any goods from our Site, which will be set out in our Terms and Conditions of Sale https://www.kerastase.co.uk/static-pages/general-conditions.html
You agree to indemnify, defend, and hold harmless each of L'Oreal, its employees, representatives and agents, from and against any claims, actions, demands or other proceedings brought against any of L'Oreal, its employees, representatives or agents, by a third party, to the extent that such claim, suit, action or other proceeding brought against L'Oreal , its employees, representatives, suppliers, or agents is based on or arises in connection with:
- your use of our Site;
- any breach by you of the Terms;
- a claim that any use of our Site by you
- infringes any intellectual property rights of any third party, or any right of personality or publicity, or
- is libellous or defamatory, or otherwise results in injury or damage to any third party;
You agree to pay L'Oreal, 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. The website in which you are linking must comply in all respects with the content standards set out above in these terms. If you wish to make any use of content on our Site other than that set out above, please contact us via our email form here - https://www.kerastase.co.uk/contact-us.
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 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.
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.
To contact us, please email us via our contact us form here: https://www.kerastase.co.uk/contact-us
Thank you for visiting our Site.
Copyright © Kérastase 2019
KÉRASTASE ONLINE DIAGNOSTIC TOOL
Technical hosting of this tool is provided by CASTELIS, a simplified joint stock company registered with the Créteil Register of Commerce and Companies under the number 42946398700033, its registered office is located at 9, rue Maurice Grandcoing in Ivry-sur-Sein.
The tool was designed by RAZORFISH, a company, registered in the Commercial and Corporations Register of Paris under number 38103503900084, its registered office is located at 57 boulevard de la Villette – 75010 Paris.
The advice provided on this diagnostic tool and/or the diagnostic tools that may be made available are merely simulations intended for obtaining expert cosmetics advice.
The information they deliver are for strictly indicative purposes and shall in no event replace a medical diagnosis or clinical consultation, nor be substituted for a medical treatment.
Accordingly, We cannot guarantee your entire satisfaction with the advice that results from the use of such tools and assume no liability for any use you may make thereof.