WEBSITE TERMS AND CONDITIONS
2. CHANGES TO THESE TERMS
3. CHANGES TO OUR SITE
4. ACCESSING OUR SITE
5. NO WARRANTY
6. INTELLECTUAL PROPERTY
7. NO RELIANCE
8. LIMITATION OF LIABILITY
11. LINKING TO OUR SITE
13. ENTIRE AGREEMENT
14. GOVERNING LAW AND JURISDICTION
15. LOCAL LAWS AND REGULATIONS
16. SEVERANCE AND WAIVER
Thank you for accessing www.maybelline.co.za (our Site). Please read these terms and conditions (Terms) before using our Site which is operated by L’Oréal South Africa (Proprietary) Limited, a company registered in South Africa under company number 1993/002698/07, whose registered office and main trading office is at Building 17, The Woodlands Office Park, Corner Kelvin and Woodlands Drive, Woodmead 2191 (“L’Oréal”).
By using our Site, you confirm that you have read and understand the Terms. Furthermore that you agree and accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use 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 regularly 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 these Terms as amended. If at any time you do not wish to accept these 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 However, please note that any of the content on our Site may be out of date at any given time, and we are under no obligation to update it.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. 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.
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.
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, video, music, sound, graphics, photographs, illustrations, artwork, photographs, names, logos, trademarks, service marks and other material) (Content). The Content is protected by the relevant intellectual property and copyright laws 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:
i. you make no more than one printed copy of such download and no further copies of such printed copy are made; and
ii. you make only personal, non-commercial use of such download and/or printed copy; and
iii. 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
iv. you retain on such download and/or printed copy all copyright notices and shall remain bound by the terms of such wording and notices.
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 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 [email protected]
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.
LIMITATION OF LIABILITY
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, claim 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 claims, actions or omissions which results to:
• any direct or indirect loss of profits, sales, business, or revenue;
• any business interruption; • any direct or indirect loss of anticipated savings;
• any direct or indirect 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.
You agree to indemnify, defend, and hold harmless L’Oréal, any of its employees, directors, representatives and agents, from and against any claims, actions, demands or other proceedings brought against L’Oréal, any of its employees, directors, representatives or agents, by a third party, to the extent that such claim, suit, action or other proceeding brought against L’Oréal, its directors, employees, representatives, suppliers, or agents is based on or arises in connection with:
i. your use of our Site;
ii. any breach by you of these Terms;
iii. a claim that any use of our Site by you
a. infringes any intellectual property rights of any third party, or any right of personality or publicity, or
b. is libellous or defamatory, or otherwise results in injury or damage to any third party;
iv. any deletions, additions, insertions, or alterations to, or any unauthorised use of, our Site by you; or
v. any misrepresentation or breach of representation or warranty made by you contained herein.
References in this section of these Terms to your use of our Site shall be deemed to include any use by a third party where such a third party accesses our Site using your computer. You agree to pay L’Oréal, its employees, representatives, and agents any and all costs, damages, and expenses (including legal fees on an attorney and client basis ) 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.
If you wish to make any use of content on our Site other than that set out above, please contact [email protected]
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. 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
Please note that these Terms, their subject matter and their formation, are governed by South African law. You and we both agree to that the courts of South Africa will have non-exclusive jurisdiction.
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.
We do not endorse or control the User Content transmitted or posted on the Site and therefore, we do not guarantee the accuracy, integrity or quality of User Content. 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.