CURATE BEAUTY LIMITED
The following general terms (Terms) are between You (You or Your) and Curate Beauty Limited, a private company with company number 10984194, with its registered office being situated at 2-4 Hans Crescent, London SW1X 0LH (We, Our, Us or Curate Beauty) describe the terms and conditions on which You may access and use the Curate Beauty website located at curate-beauty.com (the Site) and related products and services (together with the Site, the Services). By accessing or using any of the Services, including the Site, You acknowledge that You have read, understood, and agreed to be bound by these Terms.
PART A: GENERAL TERMS
- Children under the age of 18 may not use the Services. Parents or legal guardians may not agree to these Terms on their behalf.
- You represent that You are 18 years or older and that You are authorized to use the chosen payment method (including, without limitation, credit cards) for the purpose of renting or purchasing the Products as described in these Terms.
- USING OUR SERVICES
- In order to use the Services, You may be required to sign up for an account and select a password and username (Curate User ID).
- You undertake to provide us with accurate, complete, and updated registration information about yourself.
- You may not select as your Curate User ID a name that You don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
- You will only use the Services for your own internal, personal use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to You.
- If your use of the Services is prohibited by applicable laws, then You aren’t authorized to use the Services. We are not responsible for your using the Services in a way that breaks the law of any jurisdiction.
- If You’re agreeing to these Terms on behalf of an organization or entity, You represent and warrant that You are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “You” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
- In purchasing Products or using the Services, You confirm that you are not a consumer but a business and the purchase of the Products and Services from Us can be characterised as a business to business transaction.
- RESTRICTIONS ON USE
- Notwithstanding anything else set out in these Terms, Your use of the Services is subject to the following restrictions:
- You will not share your account or password with anyone, and You must protect the security of your account and your password. You’re responsible for any activity associated with your account.
- You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in these Terms), create derivative works based on, or otherwise exploit any of the Services.
- You may not use the Services to:
- transmit any content, information or other materials that are, or which Curate Beauty considers in its sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, obscene, lewd, lascivious, violent, harassing or otherwise objectionable, including without limitation expressions of bigotry, prejudice, racism, hatred or profanity;
- sell or promote any products or services, including any controlled pharmaceutical substances, tobacco, firearms, or alcoholic beverages;
- introduce viruses, worms, Trojan horses and/or harmful code;
- display material that exploits children under 18 years of age;
- post any content, information or other materials that infringe, misappropriate or violate any intellectual property or other right of any third party;
- promote or solicit any business or promote, solicit or participate in multi-level marketing or pyramid schemes; impersonate any other person, including but not limited to, a Curate Beauty representative;
- post, collect or disclose any personally identifying information (including account names) or private information about children or any third parties without their consent (or their parent's consent in case of a child under 13 years of age);
- post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation, including without limitation solicitations of credit card numbers, solicitations for sponsors, or promotion of raffles or contests; or
- violate any applicable local, state, national or international laws or regulations.
- You also agree that You will not (and will not attempt to or permit any third party to): reverse engineer, decompile, disassemble, translate, derive the source code for, interfere with, rent, sell or lease the Services, any part thereof or access thereto.
For the purposes of this paragraph, You acknowledge that on occasion, You may have access to be in receipt of information relating to Our business, technology or commercial practise, including pricing accessible only to authorized user (Proprietary Information).
- When using the Services, You hereby agree as follows:
- not to divulge to any third person any such Proprietary Information and to give access to such Proprietary information solely to those employees with a need to have access thereto for purposes of these Terms; and
- to take the same security precautions to protect against disclosure or unauthorized use of such Proprietary Information that You take with your own proprietary information, but in no event less than reasonable precautions to protect such Proprietary Information.
- The foregoing will not apply with respect to any information that:
- is or becomes generally available to the public other than through your own wrongful act;
- was in your possession or known by You prior to receipt from us;
- was rightfully disclosed to You without restriction by a third party; or
- was independently developed without use of any Proprietary Information.
- Nothing in this Agreement will prevent You from disclosing the Proprietary Information under any judicial or governmental order, provided that You give us reasonable prior notice of such disclosure to contest such order.
- A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
- INTELLECTUAL PROPERTY
- The Services, including all intellectual property rights in and to the Services and any changes, modifications or corrections, materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions (the Content) are protected by copyright and/or other intellectual property laws and are the property of Curate Beauty and its affiliates and licensors, and are protected from unauthorized copying and dissemination.
- Curate Beauty and its affiliates and licensors reserve all rights in and to the Services not granted expressly in these Terms.
- You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content You access through the Services, and You won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by You, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s, including Our, rights.
- Where You are found to have breached the provisions of this paragraph, You hereby agree to indemnify Curate Beauty, without limitation and upon demand, for all resulting costs, loss and related legal costs, including costs of enforcement against You, including consequential loss.
- THIRD PARTY DISPUTES
- If there is a dispute between participants on this Site, or between users and any third party, You agree that Curate Beauty is under no obligation to become involved. In the event that You have a dispute with one or more other users, You release Curate Beauty, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.
- UPDATING OUR TERMS
- We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on Site, by sending You an email, and/or by some other means. If You use the Services in any way after a change to the Terms is effective, that means You agree to all of the changes.
- We reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges You contributed that Content in violation of these Terms), in our sole discretion, and without notice.
- TERMINATING YOUR ACCOUNT
- You can cancel your account at any time by contacting us at email@example.com
- Curate Beauty is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms.
- Curate Beauty has the sole right to decide whether You are in violation of any of the restrictions set forth in these Terms.
- Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation You have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
- PROCESSING YOUR PERSONAL DATA
- Both We and You will comply with the Data Protection Legislation and agree that You are the Controller and We are the Processor. The only Processing We are authorised to do is set out in these Terms and Conditions unless the law requires otherwise, in which case We will promptly notify You of any additional Processing if permitted by law.
- We must have in place Protective Measures, details of which shall be provided to You on request, to guard against a Data Loss Event, which take into account the nature of the data, the harm that might result, the state of technology and the cost of implementing the measures.
- We will ensure that Our personnel only process Personal Data in accordance with the Services and shall take all reasonable steps to ensure the reliability and integrity of Our personnel with access to Personal Data, including by ensuring they:
- are aware of and comply with the supplier’s obligations under this paragraph;
- are subject to appropriate confidentiality undertakings with the supplier; and
- are informed of the confidential nature of the personal data and don’t publish, disclose or divulge it to any third party unless directed by the client or in accordance with the Services.
- We will not knowingly transfer Personal Data outside of the European Union unless Your prior written consent has been obtained, which shall be dependent on such a transfer satisfying relevant Data Protection Legislation requirements.
- We will delete or return Personal Data (including copies) if requested in writing by You at the end of the provision of the Services, unless required to retain the Personal Data by law.
- We will notify You without undue delay if it receives any communication from a third party relating to the any obligations under the Data Protection Legislation, or it becomes aware of a Data Loss Event, and will provide You with full and ongoing assistance in relation to its obligations under the Data Protection Legislation, and insofar as this is possible, in accordance with any timescales reasonably required by You.
- We will maintain complete and accurate records and information to demonstrate its compliance with this paragraph.
- Before allowing any Sub-processor to Process any Personal Data related to these Terms and Conditions, We will:
- notify You in writing of the proposed Sub-processor(s) and obtain Your written consent;
- ensure that it has entered into a written agreement with the Sub-processor(s) which gives effect to obligations set out in this paragraph such that they apply to the Sub-processor(s); and
- inform You of any additions to, or replacements of the notified Sub-processors and You shall either provide written consent or object.
For the purposes of this paragraph, the following defined terms shall apply:
Data Loss Event: a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Personal Data transmitted, stored or otherwise processed.
Data Protection Legislation: means the General Data Protection Regulation and any applicable national implementing Laws as amended from time to time; the UK Data Protection Act 2018 to the extent that it relates to processing of personal data and privacy all applicable Law about the processing of personal data and privacy, including if applicable legally binding guidance and codes of practice issued by the Information Commissioner.
Data Subject: has the meaning set out in the Data Protection Legislation.
Personal Data: has the meaning set out in the Data Protection Legislation.
Personal Data Breach: has the meaning set out in the Data Protection Legislation.
Process and Processing: has the meaning set out in the Data Protection Legislation.
Processor: has the meaning set out in the Data Protection Legislation.
Protective Measures: means appropriate technical and organisational measures which may include: pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of systems and Services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of such measures adopted by it.
Subprocessor: means any third party appointed to Process Personal Data on behalf Curate Beauty under this Agreement.
- INDEMNIFICATION FOR BREACH
- By using the Products and Services, You agree to indemnify, hold harmless and defend Curate Beauty and its officers, directors, agents and affiliates from any claims, damages, losses, liabilities, and all costs and expenses including but not limited to legal fees, resulting directly or indirectly from a claim by a third party that is based on Your use of the Services in violation of these Terms.
- By using the Services:
- You consent to receive subsequent communications from Us where such communications may be for the purpose of notifying You of the status of Your order, sending You reminders, and providing You with other information relevant to the Services You have purchased; and
- You consent to receiving periodic marketing and sales information describing our Services as they may change over time.
- We will not pass on any information You provide us, to any third party, unless required to do so by law or, in order to provide the Services.
- We acknowledge your right to opt out of receiving communications by following the unsubscribe procedures set out in or contacting us directly on firstname.lastname@example.org
- DISCLAIMER OF WARRANTIES
- No warranties are granted by Curate Beauty in connection with the Services.
- The Services and Products are provided “as is” without any express or implied warranties, including without limitation the warranties of merchantability, quality or fitness for a particular use.
- Curate Beauty does not warrant that: (i) the Services, including the Curate Beauty content, is correct, accurate, reliable or complete (ii) the Services will be uninterrupted or error-free (iii) defects will be corrected (iv) the Services or the server(s) that makes the Services available are free of viruses or other harmful components or (v) the Products will be fit for your intended purpose or otherwise accord with your expectations.
- LIMITATION OF LIABILITY
- Under no circumstances shall Curate Beauty be liable for any damages of any kind, including without limitation direct, indirect, incidental, special, consequential, exemplary, multiple or other damages arising out of or in connection with the use of, or the inability to use, the Services, even if We have been advised of the possibility of such damages. Your sole and exclusive remedy hereunder shall be to discontinue your use of the Services and terminate these terms.
- ENTIRE AGREEMENT
- These Terms are the entire agreement between You and Curate Beauty relating to the subject matter herein and shall not be modified except by Curate Beauty in accordance with these Terms, or as otherwise agreed in writing by You and Curate Beauty. No employee, agent or other representative of Curate Beauty has any authority to bind Curate Beauty with respect to any statement, representation, warranty or other expression not specifically set forth in these Terms.
- SEVERABILITY AND WAIVER
- If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
- The failure of a party to require performance of any provision will not affect such party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
- You may not assign or transfer these Terms or any of Your rights or obligations under these Terms. Curate Beauty may assign these Terms at any time without notice to You.
- FORCE MAJEURE
- Curate Beauty will not be liable for or be considered to be in breach of these Terms on account of any delay or failure to perform as required by these Terms as a result of any cause or condition beyond Curate Beauty’ reasonable control.
- THIRD PARTY RIGHTS
- Notwithstanding any other provisions of these terms and conditions, nothing in these terms and conditions shall confer, nor is it intended to confer, a benefit on any third party (for the purposes of the Contract (Rights of Third Parties) Act 1999 or for any other purpose).
- GOVERNING LAW AND EXCLUSIVITY
- These Terms are governed and interpreted pursuant to the laws of England. Any disputes in connection with these Terms shall be subject to the exclusive jurisdiction of the English courts.
PART B: ONLINE SERVICES
- ONLINE SERVICES
- All content and information available through the Services, including but not limited to product descriptions and specifications, product photos, advice from Curate Beauty staff and photos and comments from other users (Curate Beauty Content) is available to You on an “as is” basis and is to be used for general information purposes only.
- The Curate Beauty Content is provided with the understanding that such information does not constitute professional advice or services. As such, You agree not to rely upon or use any Curate Beauty Content as a substitute for consultation with professional advisors. As used in these Terms, the Services include the Curate Beauty Content.
- We may update the Curate Beauty Content, including product description and specifications, as We deem appropriate and without notice to You.
- THIRD PARTY CONTENT
- The Services may contain links or references to non-Curate Beauty websites, products, services or other materials or content (Third-Party Content). Curate Beauty is not responsible for any Third-Party Content or the actions of those that provide or use such Third-Party Content. Any Third-Party Content is independent from Curate Beauty, and Curate Beauty has no control over the Third-Party Content. In addition, a link to any Third-Party Content does not imply that Curate Beauty endorses, approves of or accepts any responsibility for the Third-Party Content or its provider, or vice versa.
- Curate Beauty has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that You interact with through the Services. In addition, Curate Beauty will not and cannot monitor, verify, censor or edit the content of any third-party Site or service. By using the Services, You release and hold us harmless from any and all liability arising from your use of any third-party website or service.
- ACCEPTABLE USE POLICY
- No part of the Services, including the Curate Beauty Content, may be reproduced or transmitted in any form, by any means, except that Curate Beauty authorizes You to view, copy, download, and print Curate Beauty Content (such as press releases and FAQs) that is available on the Site, provided that: (a) You use the Curate Beauty Content solely for Your personal, non-commercial, informational purposes; (b) You do not modify the Curate Beauty Content; and (c) You do not remove any copyright, trademark, and other proprietary notices on the Curate Beauty Content.
- YOUR CONTENT
- If You post, upload or make available to Curate Beauty, or otherwise submit to or through Curate Beauty as part of Your use of the Services, any information, data, text, images, files, links, software, chat, communication or other materials, including but not limited to photos and reviews relating to Your use of the Products (Your Content), You hereby grant to Curate Beauty a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit Your Content and Your name, image, voice, likeness and/or other biographical information or material in connection with Your Content, in whole or in part, in all media formats and distribution methods now known or hereafter devised (including on the Site, in email and other promotional campaigns and on third party sites promoting the Services) in connection with the Services, including but not limited to advertising, promoting, and marketing the Services, all without further notice to You, with or without attribution, without limitation as to frequency, and without the requirement of any permission from or payment to You or to any other person or entity.
- You waive any right to inspect or approve any of Your Content or any use of Your Content. By submitting Your Content, You represent and warrant that Your Content and Your communication conform to these Terms, and that You own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize Curate Beauty to exploit, Your Content in all manners contemplated by these Terms.
- You waive all moral rights in Your Content which may be available to You in any part of the world and confirm that no such rights have been asserted. None of Your Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on Our part and We will not be liable for any use or disclosure of any Your Content.
- You understand and agree that Curate Beauty, in performing the required technical steps to provide the Services to our users (including You), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
- RESPONSIBILITY FOR ACCESSING ONLINE MATERIALS
- Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and You access all such information and content at your own risk.
- We are not liable for any errors or omissions in that information or content or for any damages or loss You might suffer in connection with it.
- We cannot control and have no duty to take any action regarding how You may interpret and use the Content or what actions You may take as a result of having been exposed to the Content, and You hereby release us from all liability for You having acquired or not acquired Content through the Services.
- We can’t guarantee the identity of any users with whom You interact in using the Services and are not responsible for which users gain access to the Services.
- You are responsible for all Content You contribute, in any manner, to the Services, and You represent and warrant You have all rights necessary to do so, in the manner in which You contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.
- Your interactions with organizations and/or individuals found on or through the Services and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such organizations and/or individuals. You should make whatever investigation You feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Curate Beauty shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.