Terms & Conditions
(1) Introduction
These terms and conditions govern your use of our website; by using our
website, you accept these terms and conditions in full. If you
disagree with these terms and conditions or any part of these terms and
conditions, you must not use our website.
(2) Licence to use website
Unless otherwise stated, we or our licensors own the intellectual
property rights in the website and material on the website. Subject to
the licence below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages [or
[OTHER CONTENT]] from the website for your own personal use, subject to
the restrictions set out below and elsewhere in these terms and
conditions.
You must not:
(a) republish material from this website (including republication on another website);
(b) sell, rent or sub-license material from the website;
(c) show any material from the website in public;
[(d) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;]
[(e) edit or otherwise modify any material on the website; or]
[(f) redistribute material from this website [except for content
specifically and expressly made available for redistribution [(such as
our newsletter)].]
[Where content is specifically made available for redistribution, it may only be redistributed [within your organisation].]
(3) Acceptable use
You must not use our website in any way that causes, or may cause,
damage to the website or impairment of the availability or accessibility
of the website; or in any way which is unlawful, illegal, fraudulent or
harmful, or in connection with any unlawful, illegal, fraudulent or
harmful purpose or activity.
You must not use our website to copy, store, host, transmit, send, use,
publish or distribute any material which consists of (or is linked to)
any spyware, computer virus, Trojan horse, worm, keystroke logger,
rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection
activities (including without limitation scraping, data mining, data
extraction and data harvesting) on or in relation to our website without
our express written consent.
You must not use our website to transmit or send unsolicited commercial communications.
You must not use our website for any purposes related to marketing without our express written consent.
[(4) Restricted access
Access to certain areas of our website is restricted. We reserve the
right to restrict access to [other] areas of our website, or indeed our
whole website, at our discretion.
If we provide you with a user ID and password to enable you to access
restricted areas of our website or other content or services, you must
ensure that that user ID and password is kept confidential.
We may disable your user ID and password in our sole discretion without notice or explanation.
[(5) User generated content
In these terms and conditions, “your user content” means material
(including without limitation text, images, audio material, video
material and audio-visual material) that you submit to our website, for
whatever purpose.
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free
licence to use, reproduce, adapt, publish, translate and distribute your
user content in any existing or future media. You also grant to us the
right to sub-license these rights, and the right to bring an action for
infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any
third party's legal rights, and must not be capable of giving rise to
legal action whether against you or us or a third party (in each case
under any applicable law).
You must not submit any user content to the website that is or has ever
been the subject of any threatened or actual legal proceedings or other
similar complaint.
We reserve the right to edit or remove any material submitted to our
website, or stored on our servers, or hosted or published upon our
website.
Notwithstanding our rights under these terms and conditions in relation
to user content, we do not undertake to monitor the submission of such
content to, or the publication of such content on, our website.
(6) Limited warranties
Whilst we endeavour to ensure that the information on this website
[(excluding user content)] is correct, we do not warrant its
completeness or accuracy; nor do we commit to ensuring that the website
remains available or that the material on the website is kept
up-to-date.
To the maximum extent permitted by applicable law we exclude all
representations, warranties and conditions relating to this website and
the use of this website (including, without limitation, any warranties
implied by law of satisfactory quality, fitness for purpose and/or the
use of reasonable care and skill).
(7) Limitations of liability
Nothing in these terms and conditions (or elsewhere on our website) will
exclude or limit our liability for fraud, for death or personal injury
caused by our negligence, or for any other liability which cannot be
excluded or limited under applicable law.
Subject to this, our liability to you in relation to the use of our
website or under or in connection with these terms and conditions,
whether in contract, tort (including negligence) or otherwise, will be
limited as follows:
(a) to the extent that the website and the information and services
on the website are provided free-of-charge, we will not be liable for
any loss or damage of any nature
(b) we will not be liable for any consequential, indirect or special loss or damage;
(c) we will not be liable for any loss of profit, income, revenue,
anticipated savings, contracts, business, goodwill, reputation, data, or
information;
(d) No Liability
We shall not be liable or responsible for any defect or any other claim
in respect of goods/services purchased by the customers/users and the
same shall be the liability of respective merchant. We are in no way
liable for the products sold by our partner merchants, any loss in any
manner, direct or indirect, caused by using our site and we will not be
responsible for any loss due to errors at this web site. All of
merchants featured on this web site have their own terms and conditions
of sale and it’s recommended that you should check all details before
completing your order.
(8) Indemnity
You hereby indemnify us and undertake to keep us indemnified against any
losses, damages, costs, liabilities and expenses (including without
limitation legal expenses and any amounts paid by us to a third party in
settlement of a claim or dispute on the advice of our legal advisers)
incurred or suffered by us arising out of any breach by you of any
provision of these terms and conditions[, or arising out of any claim
that you have breached any provision of these terms and conditions].
(9) Breaches of these terms and conditions
Without prejudice to our other rights under these terms and conditions,
if you breach these terms and conditions in any way, we may take such
action as we deem appropriate to deal with the breach, including
suspending your access to the website, prohibiting you from accessing
the website, blocking computers using your IP address from accessing the
website, contacting your internet service provider to request that they
block your access to the website and/or bringing court proceedings
against you.
(10) Variation
We may revise these terms and conditions from time-to-time. Revised
terms and conditions will apply to the use of our website from the date
of the publication of the revised terms and conditions on our website.
Please check this page regularly to ensure you are familiar with the
current version.
(11) Assignment
We may transfer, sub-contract or otherwise deal with our rights and/or
obligations under these terms and conditions without notifying you or
obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
(12) Severability
If a provision of these terms and conditions is determined by any court
or other competent authority to be unlawful and/or unenforceable, the
other provisions will continue in effect. If any unlawful and/or
unenforceable provision would be lawful or enforceable if part of it
were deleted, that part will be deemed to be deleted, and the rest of
the provision will continue in effect.
(13) Exclusion of third party rights
These terms and conditions are for the benefit of you and us, and are
not intended to benefit any third party or be enforceable by any third
party. The exercise of our and your rights in relation to these terms
and conditions is not subject to the consent of any third party.
(14) Entire agreement
These terms and conditions [, together with our privacy policy,]
constitute the entire agreement between you and us in relation to your
use of our website, and supersede all previous agreements in respect of
your use of this website.
(15) Law and jurisdiction
These terms and conditions will be governed by and construed in
accordance with English law, and any disputes relating to these terms
and conditions will be subject to the [non-]exclusive jurisdiction of
the courts of England and Wales.
[(16) Registrations and authorisations
Registered address
Dermacea Ltd
Dermacea House
1 Western Road
Hagley
West Midlands
DY9 0LB
Dermacea Ltd is registered in England number: 06183906
Vat registration number: 932174436
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