| BACKGROUND: |
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| This agreement applies as between you, the User of this Web
Site and CPM Innovations Ltd. trading as latestinbeauty.com the owner(s) of
this Web Site. Your agreement to comply with and be bound by these terms and
conditions is deemed to occur upon your first use of the Web Site. If you do
not agree to be bound by these terms and conditions, you should stop using the
Web Site immediately. |
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| 1. Definitions and Interpretation |
| In this Agreement the following terms shall have the following meanings: |
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"Account" |
means collectively the personal information, contact details, and credentials used by Users to access Content and / or any communications System on the Web Site;
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| "Content" |
means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
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| "Product samples" |
means any Product samples that latestinbeauty.com reviews and/or makes available for delivery through this Web Site;
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| "latestinbeauty.com" |
means CPM Innovations Ltd. trading as latestinbeauty.com Ltd. 83B Walton Road, East Molesey, KT8 0DP, United Kingdom
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| "Service" |
means collectively any online facilities, tools, services, information or Product sample delivery that latestinbeauty.com makes available through the Web Site either now or in the future;
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| "System" |
means any online communications infrastructure that latestinbeauty.com makes available through the Web Site either now or in the future. This includes, but is not limited to, reviews and user comments, message boards, and email links;
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| "User" / "Users" |
means any third party that accesses the Web Site and is not employed by latestinbeauty.com and acting in the course of their employment;
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| "Web Site" |
means the website that you are currently using (www.latestinbeauty.com) and any sub-domains of this site (e.g. subdomain www.latestinbeauty.com/home) unless expressly excluded by their own terms and conditions.
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| 2. Intellectual Property |
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All Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of latestinbeauty.com, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws.
You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by latestinbeauty.com.
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| 3. Links to Other Web Sites |
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This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of latestinbeauty.com or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
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| 4. Links to this Web Site |
Those wishing to place a link to this Web
Site on other sites may do so only to the home page of the site www.latestinbeauty.com without prior permission. Deep linking (i.e. links to specific pages within the site) requires the
express permission of latesinbeauty.com. To find out more please contact us by
email at info@latestinbeauty.com.
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| 5. Use of Comment & Reviews and other submission systems |
5.1 When using the Comment & Review forms or any other System on the Web Site you should do so in accordance with the following rules:
5.1.1 You must not use obscene or vulgar language;
5.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
5.1.3 You must not submit Content that is intended to promote or incite violence;
5.1.4 All submissions must be made using the English language(s)
5.1.5 The means by which you identify yourself must not violate these terms of use or any applicable laws;
5.1.6 You must not impersonate other people, particularly employees and representatives of latestinbeauty.com or our affiliates; and
5.1.7 You must not use our System for unauthorised mass-communication such as "spam" or "junk mail".
5.2 You acknowledge that latestinbeauty.com reserves the right to monitor any and all communications made to us or using our System and reserves the right to remove any submission in violation with any of the clauses 5.1 through 5.1.7.
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| 6. Accounts |
6.1 In order to select and order Product samples on this Web Site and to use the Comment and Review facilities you are required to create an Account which will contain certain personal details which may vary based upon your use of the Web Site. By continuing to use this Web Site you represent and warrant that:
6.1.1 all information you submit is accurate and truthful;
6.1.2 you have permission to submit Mobile Phone Information where permission may be required; and
6.1.3 you will keep this information accurate and up-to-date.
Your creation of an Account is further affirmation of your representation and warranty.
6.2 It is recommended that you do not share your Account details, particularly your username and password. Latestinbeauty.com accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
6.3 If you have reason to believe that your Account details have been obtained by another without consent, you should contact latestinbeauty.com immediately to suspend your Account and cancel any unauthorised Product sample orders that may be pending.
6.4 When choosing your username you are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account.
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| 7. Termination and Cancellation |
7.1 Either latestinbeauty.com or you may terminate your Account. If latestinbeauty.com terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
7.2 If latestinbeauty.com terminates your Account, any current or pending orders on your Account will not be cancelled and will be dispatched.
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| 8. Termination and Cancellation |
8.1 Whilst every effort has been made to ensure that all graphical representations and descriptions of Product samples available from latestinbeauty.com correspond to the actual Product samples, latestinbeauty.com is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Product samples, not different Product samples altogether.
8.2 Where appropriate, you may be required to select the required [colour] [other features] of the Product samples that you are selecting for delivery.
8.3 latestinbeauty.com does not represent or warrant that such Product samples will be available. Stock indications are not provided on the Web Site.
8.4 All Product samples on the Web Site are for free but require payment of a packing & postage fee before delivery. The correct amount of the packing & postage fee is displayed on the check-out page and is payable via reverse-billing through a mobile phone. Latestinbeauty.com reserves the right to change prices and alter or remove any special offers from time to time and as necessary.
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| 9. Delivery |
9.1 Latestinbeauty.com will notify you by way of email when your Product samples are to be dispatched to you. The message may contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Product samples selected by you.
9.2 If latestinbeauty.com receives no communication from you, within seven days of dispatch, regarding any problems with the Product samples, you are deemed to have received the Product samples in full working order and with no problems.
9.3 Latestinbeauty.com membership is limited to one membership per individual. A breach of this clause will result in the termination of all extra memberships that one individual holds.
9.4 Latestinbeauty.com reserves the right to refrain from sending out Product samples for an order when there is beyond reasonable doubt as to the validity of the profile information given, or when there is beyond reasonable doubt that the order is not in breach with clause 9.3.
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| 10. Returns Policy |
Latestinbeauty.com does not accept any returns. In the occasion there is a fault with or damage of the Product samples please contact latestinbeauty.com via info@latestinbeauty.com.
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| 11. Privacy |
Use of the Web Site is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the link above.
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| 12. Disclaimers |
12.1 latestinbeauty.com makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.
12.2 No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
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| 13. Availability of the Web Site |
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The Service is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
latestinbeauty.com accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
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| 14. Limitation of Liability |
14.1 To the maximum extent permitted by law, latestinbeauty.com accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein and use of Product samples delivered through the Service. Users should be aware that they use the Web Site, its Service and its Content at their own risk.
14.2 Nothing in these terms and conditions excludes or restricts latestinbeauty.com's liability for death or personal injury resulting from any negligence or fraud on the part of latestinbeauty.com.
14.3 Users correspondence or participation in promotions, or dealings with Third Parties found on or through the Web site, including use of related Product samples or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and those Third Parties. Users agree that latestinbeauty.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, or as the result of the presence of such advertisers on this Web site.
14.4 Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
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| 15. No Waiver |
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In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
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| 16. Previous Terms and Conditions |
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In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
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| 17. Notices |
All notices / communications shall be given to us either by post to (see address above) or by email to info@latestinbeauty.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
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| 18. Law and Jurisdiction |
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These terms and conditions and the relationship between you and latestinbeauty.com shall be governed by and construed in accordance with the Law of England and Wales and latestinbeauty.com and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
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