ATTENTION: This legal notice applies to the
entire contents of this website under the domain name www.essentialnails.com ( Website ) and to any correspondence by
e-mail between us and you. Please read these terms carefully before using this
Website. Using this Website indicates that you accept these terms [regardless of
whether or not you choose to register with us]. If you do not accept these
terms, do not use this Website. This notice is issued by Essential Nail Products
Limited ( Company ).
1.
Introduction
1.1 You may access most areas of this
Website without registering your details with us. Certain areas of this Website
are only open to you if you register.
1.2 By accessing any part of this
Website, you shall be deemed to have accepted this legal notice in full. If you
do not accept this legal notice in full, you must leave this Website
immediately.
1.3 The Company may revise this legal
notice at any time by updating this posting. You should check this Website from
time to time to review the then current legal notice, because it is binding on
you. Certain provisions of this legal notice may be superseded by expressly
designated legal notices or terms located on particular pages at this Website.
2.
Licence
2.1 You are permitted to print and
download extracts from this Website for your own use on the following basis:
(a)
no documents or
related graphics on this Website are modified in any way;
(b) no graphics on this Website are used
separately from accompanying text; and
(c) the Company’s copyright and trade
mark notices and this permission notice appear in all copies.
2.2 Unless otherwise stated, the
copyright and other intellectual property rights in all material on this Website
(including without limitation photographs and graphical images) are owned by the
Company or its licensors. For the purposes of this legal notice, any use of
extracts from this Website other than in accordance with paragraph 2.1 above for
any purpose is prohibited. If you breach any of the terms in this legal notice,
your permission to use this Website automatically terminates and you must
immediately destroy any downloaded or printed extracts from this Website.
2.3 Subject to paragraph 2.1, no part of
this Website may be reproduced or stored in any other website or included in any
public or private electronic retrieval system or service without the Company’s
prior written permission.
2.4 Any rights not expressly granted in
these terms are reserved.
3.
Service
access
3.1 While the Company endeavours to
ensure that this Website is normally available 24 hours a day, the Company shall
not be liable if for any reason this Website is unavailable at any time or for
any period.
3.2 Access to this Website may be
suspended temporarily and without notice in the case of system failure,
maintenance or repair or for reasons beyond the Company’s control.
4.
Visitor
material and conduct
4.1 Other than personally identifiable
information, which is covered under the Privacy Policy [INSERT HYPERLINK], any
material you transmit or post to this Website shall be considered
non-confidential and non-proprietary. The Company shall have no obligations with
respect to such material. The Company and its designees shall be free to copy,
disclose, distribute, incorporate and otherwise use such material and all data,
images, sounds, text and other things embodied therein for any and all
commercial or non-commercial purposes.
4.2 You are prohibited from posting or
transmitting to or from this Website any material:
(a) that is threatening, defamatory,
obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite
racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous,
in breach of confidence, in breach of privacy or which may cause annoyance or
inconvenience; or
(b) for which you have not obtained all
necessary licences and/or approvals; or
(c) which constitutes or encourages
conduct that would be considered a criminal offence, give rise to civil
liability, or otherwise be contrary to the law of or infringe the rights of any
third party, in the UK or any other country in the world; or
(d) which is technically harmful
(including, without limitation, computer viruses, logic bombs, Trojan horses,
worms, harmful components, corrupted data or other malicious software or harmful
data).
4.3 You may not misuse the Website
(including, without limitation, by hacking).
4.4 The Company shall fully co-operate
with any law enforcement authorities or court order requesting or directing the
Company to disclose the identity or locate anyone posting any material in breach
of paragraph 4.2 or paragraph 4.3.
5.
Links
to and from other websites
5.1 Links to third party websites on
this Website are provided solely for your convenience. If you use these links,
you leave this Website. The Company has not reviewed all of these third party
websites and does not control and is not responsible for these websites or their
content or availability. The Company therefore does not endorse or make any
representations about them, or any material found there, or any results that may
be obtained from using them. If you decide to access any of the third party
websites linked to this Website, you do so entirely at your own risk.
5.2 If you would like to link to this
Website, you may only do so on the basis that you link to, but do not replicate,
the home page of this Website, and subject to the following conditions:
(a) you do not remove, distort or
otherwise alter the size or appearance of the Company"s logo;
(b) you do not create a frame or any
other browser or border environment around this Website;
(c) you do not in any way imply that the
Company is endorsing any products or services other than its own;
(d) you do not misrepresent your
relationship with the Company nor present any other false information about the
Company;
(e) you do not otherwise use any of the
Company"s trade marks displayed on this Website without express written
permission from the Company;
(f) you do not link from a website that
is not owned by you; and
(g) your website does not contain
content that is distasteful, offensive or controversial, infringes any
intellectual property rights or other rights of any other person or otherwise
does not comply with all applicable laws and regulations.
5.3 The Company expressly reserves the
right to revoke the right granted in paragraph 5.2 for breach of these terms and
to take any action it deems appropriate.
5.4 You shall fully indemnify the
Company for any loss or damage suffered by the Company or any of its group
companies for breach of paragraph 5.2.
6.
Registration
6.1 Each registration is for a single
user only. The Company does not permit you to share your user name and password
with any other person nor with multiple users on a network.
6.2 Responsibility for the security of
any passwords issued rests with you.
7.
Disclaimer
7.1 While the Company endeavours to
ensure that the information on this Website is correct, the Company does not
warrant the accuracy and completeness of the material on this Website. The
Company may make changes to the material on this Website, or to the products and
prices described in it, at any time without notice. The material on this Website
may be out of date, and the Company makes no commitment to update such material.
7.2 The material on this Website is
provided “as is”, without any conditions, warranties or other terms of any kind.
Accordingly, to the maximum extent permitted by law, the Company provides you
with this Website on the basis that the Company excludes all representations,
warranties, conditions and other terms (including, without limitation, the
conditions implied by law of satisfactory quality, fitness for purpose and the
use of reasonable care and skill) which but for this legal notice might have
effect in relation to this Website.
8.
Liability
8.1 The Company, any other party
(whether or not involved in creating, producing, maintaining or delivering this
Website), and any of the Company’s group companies and the officers, directors,
employees, shareholders or agents of any of them, exclude all liability and
responsibility for any amount or kind of loss or damage that may result to you
or a third party (including without limitation, any direct, indirect, punitive
or consequential loss or damages, or any loss of income, profits, goodwill,
data, contracts, use of money, or loss or damages arising from or connected in
any way to business interruption, and whether in tort (including without
limitation negligence), contract or otherwise) in connection with this Website
in any way or in connection with the use, inability to use or the results of use
of this Website, any websites linked to this Website or the material on such
websites, including but not limited to loss or damage due to viruses that may
infect your computer equipment, software, data or other property on account of
your access to, use of, or browsing this Website or your downloading of any
material from this Website or any websites linked to this Website.
8.2 Nothing in this legal notice shall
exclude or limit the Company’s liability for:
(a) death or personal injury caused by
negligence (as such term is defined by the Unfair Contract Terms Act 1977);
or
(b) fraud; or
(c) misrepresentation as to a
fundamental matter; or
(d) any liability which cannot be
excluded or limited under applicable law.
8.3 If your use of material on this
Website results in the need for servicing, repair or correction of equipment,
software or data, you assume all costs thereof.
9.
Governing
law and jurisdiction
This
legal notice shall be governed by and construed in accordance with English law.
Disputes arising in connection with this legal notice shall be subject to the
exclusive jurisdiction of the English courts.