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TERMS AND CONDITIONS

Terms of Use of the Moroccanoil® Website at www.moroccanoil.com/uk

 

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS WEBSITE (this "Site").

 

By accessing or using this Site (whether as a guest or a registered user), you agree to these terms of use, conditions and all applicable laws, and you agree to comply with them. Use of this Site includes accessing, browsing, or registering to the Site. If you do not agree to these terms you must not use this Site.

 

These terms of use (and the definitions contained herein) refer to the following additional terms, which also apply to your use of the Site:

  • Our Privacy Policy, http://www.moroccanoil.com/uk/about/legalwhich sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.
  • Our Cookie Policy, http://www.moroccanoil.com/uk/about/cookies which sets out information about the cookies on the Site.

This Site is operated by Moroccanoil Israel, Ltd., Israel company number 514031053.  However, elements of the Site or goods or services supplied or promotions or competitions organized via the Site may be supplied offered or operated by subsidiaries, parent and other affiliated entities (“Moroccanoil Group Entities”).  Insofar as such Moroccanoil Group Entity supplies such goods or services the terms “Moroccanoil”, “we”, “us” and similar expressions include reference to such Moroccanoil Group Entity and the Terms of Use, Privacy Policy, Cookie Policy and Terms of Use of the Moroccanoil E-Store apply accordingly. 

Modification of the Terms of Use

These terms and conditions are applicable to you upon your accessing the Site. These terms and conditions, or any of them, may be modified or terminated by Moroccanoil® without notice at any time for any reason. Moroccanoil® may revise these Terms at any time by updating this posting. You are responsible for regularly reviewing these terms and conditions, as they are binding on you. The provisions relating to Intellectual Property Rights, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Law and Jurisdiction, and shall survive any termination. 

Changes to the Site

 

We may update the 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 the Site, or any content on it, will be free from errors or omissions.

 

Use of Site. Personal and Non-Commercial Use Limitation.

 

The Site is made available free of charge.

We do not guarantee that the Site, or any content on it, will always be available or be uninterrupted. Access to the Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the 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 the Site.

You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

The Site is directed to people residing in the United Kingdom. We do not represent that content available on or through the Site is appropriate or available in other locations. We may limit the availability of the Site or any service or product described on the Site to any person or geographic area at any time. If you choose to access the Site from outside the United Kingdom, you do so at your own risk.

Unless otherwise specified, the Site is for your personal, noncommercial use. Any other use of the materials on this Site must be in accordance with these terms

Harassment in any manner or form on any of the Site, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a Moroccanoil® employee, host, or representative or other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.

Moroccanoil makes no representation that materials on this Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from locations outside the UK do so on their own initiative and are responsible for compliance with applicable local laws.

Intellectual Property Rights

 

Moroccanoil® or its subsidiaries or affiliates are the owners or the licensees of all intellectual property rights in this Site and in the entire content (including but not limited to texts, designs, graphics, interfaces, or code and the selection and arrangement thereof) published on it (the "Content"). Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

 

You may print off one copy, and may download extracts, of any page(s) from the Site for your personal use and you may draw the attention of others within your organisation to content posted on our Site.

 

You must not modify the paper or digital copies of any materials 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.

 

Our status (and that of any identified contributors) as the authors of content on the Site must always be acknowledged.

 

You must not use any part of the content on this Site for commercial purposes without obtaining a licence to do so from us or our licensors.

 

Moroccanoil® is the owner or the licensee of all trade marks (whether registered or unregistered), service marks and trade names used on this Site.

Notices of Alleged Infringement of Intellectual Property Rights

Moroccanoil® respects the intellectual property of others, and we ask our users and visitors to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement or that this Site infringes any of your intellectual property rights, please write to us at the address specified below providing us with the following information:

  1. a physical or electronic signature of the person authorised to act on behalf of the owner of an exclusive copyright or other intellectual property right that is allegedly infringed;
  2. a description of the copyrighted work or other intellectual property right that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on the Site;
  4. your address, telephone number, and email address and all other information reasonably sufficient to permit Moroccanoil® to contact you; 
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the rights holder , its agent, or the law.:

 

Address

By Mail:

Moroccanoil
Legal Department
5742 Ferrier Street
Montreal, QC. Canada H4P 1M7

By Fax:

(514) 933 6998

User Participation.

Moroccanoil® does not and cannot review all communications and materials posted to or created by users accessing the Site and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user generated content on the Site, Moroccanoil® is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. However, Moroccanoil® reserves the right to block or remove communications or materials that it determines to be: (a) abusive, defamatory, or obscene;(b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark or, other intellectual property right of another person;  (d) in violation of any law or regulation; or (e) offensive or otherwise unacceptable to Moroccanoil®  at its sole discretion. Note that any personally identifiable information you may post or transmit will be treated by Moroccanoil® in accordance with our Privacy Policy. 

User Submissions.

Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Policy, any material, information or other communication you transmit, upload or post to this Site ("Communications") will be considered non-confidential and non-proprietary. Moroccanoil® will have no obligations with respect to the Communications. Moroccanoil® and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes. To this end, you are required to grant us a licence to make all such uses, inclusive of the right to sublicense such rights to our designees.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our Site.

Moroccanoil® may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such Communications. Moroccanoil®, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise.

Third-Party Links.

In an attempt to provide increased value to our visitors, this Site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the "External Sites"). However, even if the third party is affiliated with Moroccanoil®, Moroccanoil® has no control over these linked sites and their contents, all of which have separate privacy and data collection practices, independent of Moroccanoil®. Moroccanoil® has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and information only and therefore you access them at your own risk. Links do not imply that Moroccanoil® sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites. 

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.

 

The Site or any part of it 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 in these terms and, if you wish to make any use of content on the Site other than that set out above, please contact [email protected]

 

Disclaimer.

The content of this Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content of this Site.

Although we make reasonable efforts to update the information on this Site, we make no representations, warranties or guarantees, whether express or implied, that the content on the Site or any External Sites is accurate, complete or up-to-date.

Moroccanoil® does not filter advertisements or other content that children may view through the Site or "hot-linked" sites, and they could receive content and materials from the Internet and/or advertising that are inappropriate for children. We encourage parents and guardians to spend time online with their children and to consider using an electronic filtering software. 

This Site and the materials, information, services, and products in this Site, including, without limitation, text, graphics, and links, are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Moroccanoil®  disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement, freedom from computer virus, and warranties arising from course of dealing or course of performance. Moroccanoil®  does not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Moroccanoil®  does not make any warranties or representations regarding the use of the materials in this site in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. The above limitations may not apply to you.

Limitation of Liability.

Nothing in these terms of use 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 this 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 this Site for domestic and private use. You agree not to use this 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.

 

We assume no responsibility for the content of websites linked on this Site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

 

Jurisdiction and Applicable Law.

 

If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales 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 of use, its subject matter and its 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 and Wales.

 

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