These terms
and conditions (the "Community Terms") apply to the use of our
CeraVe community (the "Community")
located at [https://community.laroche-posay.co.uk/] ("our site"),
which is hosted by TokyWoky SAS.
Our site is
operated by LโOrรฉal (UK) Limited trading as CeraVe, a
company registered in England and Wales under company number 271555 with our
registered office at 255 Hammersmith Road, London, W6 8AZ. Our main trading
address is at the same address. Our VAT number is GB 438506540. You can contact
us by writing to us at corporateaffairsuk@loreal.com.
By using our
site, you confirm that you accept these Community Terms and that you agree to
comply with them.
If you do
not agree to these terms, you must not use our site.
1. There are other terms that apply to you
In addition to these Community Terms, the following
terms also apply to your use of our site:
- (a)
Our Community
Guidelines. These set out requirements for how you interact
with our site.
- (b)
Our Privacy Policy, which can be found at
[https://privacy.loreal.com/UKI/]. This sets out the terms on which we
process any personal data we collect from you, or that you provide to us.
By using our site, you consent to such processing
and you warrant that all data provided by you is accurate.
- (c)
Our Cookie Settings tool, which can be found at https://privacy.loreal.com/UKI/ This
sets out information, and gives you choices, about the cookies on our
site.
2. We may make changes to these terms or our site
- 2.1
We may amend these Community Terms from time to time. Every
time you wish to use our site, please check these terms to ensure you
understand the terms that apply at that time. These Community Terms were
most recently updated on 14.04.21. Your use of our site following any
amendment constitutes your agreement to follow and be bound by these
Community Terms as amended. If at any time you do not wish to accept the
Community Terms, you may not use our site.
- 2.2
We may update and change our site or any Content from time to
time. We will try to give you reasonable notice of any major changes
however we have no liability to you for any failure by us to notify you of
any changes to our site or Content. If the need arises, we may suspend
access to our site, or close it indefinitely.
3. Access to our
site
- 3.1
Our site is made available free of charge. Access to our site
is permitted on a temporary basis.
- 3.2
We do not guarantee that our site, or any content, will
always be available or be uninterrupted and will not be liable if, for any
reason, our site is unavailable at any time or for any period. We reserve
the right to amend, suspend, withdraw or restrict
the availability of all or any part of our site, the Content or your
access to the site without notice. We will try to give you reasonable
notice of any suspension or withdrawal.
- 3.3
You are responsible for making all arrangements necessary for
you to have access to our site. You are also responsible for ensuring that
all persons who access our site through your internet connection are aware
of these Community Terms and other applicable terms and conditions, and
that they comply with them.
4. Your
account with us
- 4.1
Membership to the Community is restricted to private
individuals only. Users must be at least 18 years. Employees of LโOrรฉal
(UK) Limited must include a clear statement in their Community
profile name that they are an employee in the form "[Name] @ [LโOrรฉal
brand]". Please note that employees of LโOrรฉal (UK) Limited may be
excluded from entering or benefitting from certain promotions on the
Community, as stipulated by the accompanying terms and conditions for such
promotions.
- 4.2
For your own personal protection you must keep your user
login details and password safe and treat such information as
confidential. You must not disclose it to any third party. We have the
right to disable any user login and password or delete your user account at
any time if in our reasonable opinion you have failed to comply with any
of the provisions of these Community Terms.
- 4.3
If you know or suspect that anyone other than you knows your login details or password, you must promptly
notify us at corporateaffairsuk@loreal.com.
5. Membership
Stars
- 5.1
Users of our site will join the tokens-based reward programme which will unlock benefits as set out in the
Community membership level table below.
- 5.2
In order to gain certain benefits ("Perks"),
users will be asked to undertake certain actions on their user account
(such as completing their user bio) and to complete specified tasks, challenges and missions ("Missions"),
to collect award Community tokens (known as "Stars").
- 5.3
Missions available to you will be listed in the "My
Missions" section of your user account. This section will list out
the Missions already completed, provide details on the actions required
for Missions you have not yet completed and set out how many Stars you can
earn for completing each Mission. Stars will be awarded to your user
account following completion of each Mission and the subsequent validation
by a Community moderator. Collected Stars will be
stored in your account indefinitely unless (a) you terminate your user
account with us, or (b) we terminate your user account with us due to you
breaching these Community Terms.
- 5.4
We may change, add or amend the
Missions and/or how many Stars can be earned for any Mission not yet
completed, at our sole discretion by amending the information in the
"My Missions" section.
- 5.5
The table below sets out the requirements that must be met to
attain certain Community levels and receive certain Perks. All
requirements for a level must be met in order to
achieve that level. We may update this table from time to time, including
to introduce new Community levels for users who collect higher numbers of Stars.
Level
|
Requirements
|
Perks
|
Fresh Face
|
Default status once registered
|
โข Access to our Community
|
Nourished Novice
|
User bio
complete
At least 200 Stars
+ 6 other conditions
detailed on the community
|
โข Access
to test your knowledge
|
Skin Scholar
|
At least
500 stars
+ 4 other
conditions detailed on the community
|
โข Exclusive
rewards
|
Complexion Champion
|
At least
1000 stars
+ 4 other
conditions detailed on the community
|
โข Exclusive
rewards
|
6. Promotions
We may offer
and advertise promotions, vouchers, and prize competitions on our site from
time to time ("Promotions"). Any specific terms and conditions
relating to these will be referenced on the relevant promotion post or content
on our site. To the extent that the terms of a Promotion directly conflict with
these Community Terms (for example with regards to the transfer of intellectual
property rights for Content submitted as part of a Promotion), the terms of the
Promotion will take precedence.
7. Interactive services and user
content
- 7.1
We may from time to time provide interactive services on our
site such as public chat rooms or product bulletin boards. Information and
materials posted or sent by others on these interactive services 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.
- 7.2
Any comments, images, videos or other material, which are
posted or sent on or through these interactive services on our site
("Content"), including by you, must comply with the Community Guidelines at all
times. We reserve the right to remove any Content which, in our opinion,
does not comply with these Community Guidelines.
- 7.3
While we want to ensure that the Community is a safe place to
interact and we may moderate content (whether on a human or technical
basis) with the aim of ensuring this, we are under no obligation to
oversee, monitor or moderate any interactive service we provide on our
site or Content posted on it. 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 as set out in the Community
Guidelines, whether the service is moderated or not. If you wish to
complain about information and materials uploaded by other users please contact
us.
- 7.4
You may not use the Community or our site for any purpose
relating to direct marketing. You may not use the Community or our site as
a means of advertising, promoting or endorsing
(or furthering the advertisement, promotion or endorsement) of any
product, services or brands not affiliated with us.
8. Rights you are giving us when you upload materials
or posts
8.1 By posting or sending any Content on our site,
you:
- (a)
confirm that you have the right to post the Content on our site;
- (b)
confirm the Content you post does
not infringe any third party intellectual property rights; and
- (c)
you grant LโOrรฉal 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 for any legitimate
business reason that we see fit, including for marketing, business
development and internal administrative purposes, and/or to incorporate
such Content together with your username/name and location into any form,
medium or technology, including (but not limited to):
- (i) on all electronic, IT, digital,
multimedia and internet media including our site or other L'Oreal group websites, social media pages and other
online presences;
- (ii)
on all advertising media both online and offline;
- (iii)
on internal LโOrรฉal communications within the LโOrรฉal group;
- (iv)
for corporate, financial communication and public relations
communications and disclosures;
- (v)
on retailer-and client-facing media.
9. Our Intellectual
property rights
- 9.1
We are the owner or the licensee of all intellectual property
rights in our site and in any content published on it, including any
Content that you post. Those works are protected by copyright laws and
treaties around the world. All such
rights are reserved.
- 9.2
You may print off one copy, and may download extracts, of any
page(s) from our site for your personal non-commercial reference and you
may draw the attention of others to material posted on our site.
- 9.3
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.
- 9.4
Our status (and that of any identified contributors) as the authors
of Content on our site must always be acknowledged.
- 9.5
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.
- 9.6
If you print off, copy or download
any part of our site in breach of these Community Terms, your right to use
our site will cease immediately and you must, at our option, return or
destroy any copies of the materials you have made.
10. Do not rely on information on our site
The content
on our site is provided for general information only. It is not intended to
amount to advice on which you should rely.
Although we
make reasonable efforts to update the information on our site, content on our
site may be out of date at any given time. We make no promises and provide no
assurances that the content on our site is accurate, complete
or up to date.
11. Links from
our site
- 11.1
Where our site contains links to other sites and resources
provided by third parties, these links are provided for your information
only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for
any loss or damage that may arise from your use of them.
- 11.2
We may, at our sole discretion, remove any third
party links, including any third party links that you post on our
site.
12. Our responsibility for loss or damage suffered by
you
- 12.1
We are responsible to you for foreseeable loss and damage
caused by us. If we fail to comply with these Community Terms, we are
responsible for loss or damage you suffer that is a foreseeable result of
our breaking this contract or our failing to use reasonable care and
skill. Loss or damage is foreseeable if either it is obvious that it will
happen or if, at the time the contract was made, both we and you knew it
might happen, for example, if you discussed it with us.
- 12.2
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 and for fraud
or fraudulent misrepresentation.
- 12.3
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.
- 12.4
To the extent permitted by law, we, other members of our
group of companies and third parties connected to us hereby expressly
exclude all liability for any direct, indirect or consequential loss or
damage; any other loss or damage caused by tort including negligence; or
for any damage, loss, liabilities, injury or disappointment incurred or
suffered incurred, by any user in connection with our site or in
connection with the use, inability to use, or results of the use of our site,
any websites linked to it and any materials posted on it.
13. How we may use your personal information
We will only
use your personal information as set out in our Privacy Policy.
14. Breach
of these terms
- 14.1
When we consider that a breach of these Community Terms or
the Community Guidelines has occurred,
we may take such action as we deem appropriate.
- 14.2
Failure to comply with these terms constitutes a material
breach, and may result in our taking all or any of the following actions:
- (a)
immediate, temporary or permanent withdrawal of your right to use our site;
- (b)
immediate, temporary or permanent removal of any contribution uploaded by
you to our site;
- (c)
issue of a warning to you;
- (d)
legal proceedings against you for reimbursement of all costs, on a full
compensation basis (including reasonable administrative and legal costs),
resulting from the breach;
- (e)
further legal action against you; and/or
- (f)
disclosure of such information to law enforcement authorities as we
reasonably feel is necessary or as required by law.
- 14.3
We exclude our liability for all action we may take in
response to breaches of these terms. The actions we may take are not
limited to those described above, and we may take any other action we
reasonably deem appropriate.
15. We are not responsible for viruses
and you must not introduce them
- 15.1
We do not guarantee that our site will be secure or free from
bugs or viruses.
- 15.2
You are responsible for configuring your information
technology, computer programmes and platform to
access our site. You should use your
own virus protection software.
- 15.3
We will not be liable for any loss or damage caused by a
distributed denial-of-service attack, viruses 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 material posted on
it, or on any website linked to it.
- 15.4
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.
- 15.5
By breaching this provision in relation to virus and trojan
worms etc., you would commit a criminal offence. 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. You will not be allowed to use our site or your user account
anymore if you breach this provision.
16. Jurisdiction
and applicable law
- 16.1
The English courts will have exclusive jurisdiction over any
claim arising from, or related to, a visit to our site or a breach of
these Community Terms.
- 16.2
These Community Terms and any dispute or claim arising out of
or in connection with them or their subject matter or formation (including
non-contractual disputes or claims) shall be governed by and construed in
accordance with the law of England and Wales.