This user agreement incorporates the terms and conditions which you agree to each and every time you use the website www.westoverbeauty.com
or “you” means anyone using and/or visiting www.westoverbeauty.com for any purpose.
means either any person or organisation who is advertising on the website, recruiters who have registered a profile with the website, subscribers including “Pay per click” users or any person or organisation who has entered into an agreement with us or who uses the website in any other way.
“we” or “us”
means BeautyTime UK Ltd whose registered office address is available on request, Company Registration number: 8512824
means the website and all contents at www.westoverbeauty.com
“Post onto the website”
means taking part in any forum or any submission, in any format, of any data which subsequently appears and can be viewed on the website.
means any person or organisation with whom we are associated. This will include advertisers whose websites we appear on and any person or organisation who has a link to our website approved by us.
1 ABIDE BY TERMS
(1) By using our organisation, the website and any services you confirm that you are aged 18 or over and that you have read, understood and agree to be bound by this user agreement incorporating our terms and conditions. Where you are using the website or entering into an agreement on behalf of an organisation you confirm that you have the legal right to do so.
(2) Where the registration for use of the website is on behalf of an organisation and other persons (for example employees) use the website, the organisation specifically confirms that it takes full responsibility for that use and that the organisation, as well as the individuals, will be deemed to be the users for the purposes of these Terms and any subsequent action.
2 WEB SITE USE
(1) Full use of this website and contents of the site are only for registered users who are logged on. If you are not registered you can view some of the website but not fully participate or post on the website.
(2) The website is only a venue. We do not check, control, validate, amend, edit or endorse any experiences, opinions, statements, recommendations, ratings or any other data or information provided by other users or advertisers nor any links to other websites or other information which is made available through the website. You may find other users’ or advertisers’ information to be inaccurate, deceptive, etc. You must take this up with the user or advertiser involved.
(3) Since the experiences, opinions, statements, recommendations, ratings, and information on the site are those of the users, we take no responsibility for checking or verifying such opinions, statements, recommendations or information.
(4) You should not rely on any details of dates, venues etc relating to events and are advised to contact the appropriate organisers/suppliers directly.
(5) Any experiences, opinion, statement, recommendation, rating, any links to any websites or information or anything whatsoever will not form a guarantee or warranty and you agree we have no liability in this regard.
(6) When you click on any links you will be forwarded to websites relating to other third parties. We have no control or responsibility over the third parties or any such websites. You are aware that you will enter into a separate agreement which has nothing to do with us and you must make yourself aware of the terms of such agreement. You specifically confirm that we can not be held liable in this regard.
(7) Advertisers are subject to separate Terms and Conditions which we can make available for you if you wish to see them. Please e-mail your request to email@example.com
. However, we accept no responsibility or liability in this regard.
(8) To the extent that the law allows, all implied warranties, conditions or other terms (whether implied by statute or otherwise) including without limitation any terms as to skill and care or performance are excluded.
(9) You are aware that using this site is in no way to be construed as advice, or any type of personal management.
(10) You hold us absolutely free of all liability and responsibility for any actions or results or adverse situations created as a direct or indirect result of specific opinion, statement, rating, recommendation, information, referral or information or advice shown on the website.
3 SUPPLY OF WEBSITE
(1) Whilst we will use our reasonable endeavours to supply the website by ensuring it is available on the internet, we shall not be responsible for any failure to provide the website or any services or any unavailability. The website is available on an “as is” and “when available” basis.
(2) We cannot guarantee that the services will be uninterrupted, secure or error-free. Particularly, there are inherent problems in the use of the internet that we will not be responsible for, nor for any browser crashes which may result in data loss whilst using our services.
(3) In addition we make no warranty against electronic virus, worms or any other defect or problems which may occur in respect of any viewing or use of the website. We will not be responsible for any loss or damage whatsoever caused resulting from a failure to provide or where a virus or defect occurs as a result of any e-mail or document we send you.
(3) We reserve the right to suspend the services where necessary and particularly, but not exclusively, for repair, maintenance or improvement.
Unless we have a specific agreement with you, use of the website does not cover any form of assistance or support in any form. However, we are pleased to offer additional support at our current hourly rate if you require – please contact us – firstname.lastname@example.org
5 FORUMS, EXPERIENCES, OPINIONS ETC
(1) All users specifically agree not to abuse this system and that they are both expressly and solely liable for anything which they post onto the website.
(2) All users agree that anything they post onto the website, in any form will be honest, accurate, not misleading and does not amount to any misrepresentation, does not breach any copyright, intellectual property or the rights of any third party (including disclosing personal and/or confidential information), whatsoever in nature, is not defamatory, libellous, discriminatory (in any form), is not purely self-promotion, is not abusive, offensive or obscene in language and/or content, does not otherwise harass or invade the privacy of any individual or organisation, does not contain any restricted or ‘password-only access’ page, or hidden pages or images (those not linked to or from another accessible page), does not engage in commercial activities and/or sales (unless you have our specific and express written consent), does not promote or instruct as to any conduct as described above or which promotes any breach of this user agreement or any law and is not in any way illegal or contrary to any law. we inappropriateof it. For reasons of verification we expressly prohibit and exclude all comments made by Users on our competitors.
(3) We do not tolerate unsolicited commercial communications, any junk mail, chain letters, unsolicited mail such as Spam or other such similar conduct and you confirm that you will not engage in any such activity. URLs are allowed providing the link is relevant, useful and necessary.
(4) All users agree that they will not take any action nor fail to take action, as appropriate, that will in any way undermine the system of sharing of experiences, opinions, statements, recommendations, and any information.
(5) All users agree that any Post onto the website that they make can be freely used, copied, published, translated and distributed in any medium and in any form including for advertising and promotional purposes by us and any other person or organisation without your permission and that it is not subject to any copyright unless specifically marked as such by ©.
(6) All users specifically agree that we have no liability with respect to this and furthermore you will indemnify us for any loss.
6 RESPONSIBILITY AND MISUSE
(1) In addition to all the other clauses contained herein, you agree that you will solely be responsible for your use of any services provided to you and that you will use the service legally and only for the purposes that it is intended to be used. This includes responsibility for the security of your user name and password.
(2) Furthermore you agree that you will not misuse the services in any way, and specifically, although not exclusively you:
(a) will not use any virus, worm, Trojan horse, time bomb or any such code that could destroy and/or contaminate.
(b) will abide by any laws applicable to this agreement or the operation of it. In particular we refer to the use of; material or content we deem to be harmful, illegal or offensive; any infringement of intellectual rights and copyright; using the services for illegal purposes such as fraud or in any other crime. However all and any misuse is included.
(3) You confirm that you will not interfere or attempt to interfere with the proper working of the website nor any activities conducted on it.
(4) You also specifically confirm that you will
(a) Notify us immediately of any unauthorised use including any unauthorised use of your registration/account with the website or any other known or suspected breach of security.
(b) Immediately report to us but also to use reasonable efforts to immediately stop any misuse that is known or suspected by you
(1) Competitions on the website will either be controlled by us or controlled by other organisations who take responsibility for the running, prize allocation and terms of entry and of the competitions generally.
(2) This means that whilst we do offer our own competitions, we also offer you the chance to be involved in other competitions and we have no control or responsibility in respect of those competitions
(3) So that you know exactly who has control and responsibility for each competition on the website, we provide details of the organiser clearly at the end of the details relating to each competition and a link to allow you to clearly see the terms applicable for that competition.
(4) For the Terms & Conditions relating to competitions that we control and have responsibility for, please refer to BeautyTime UK Competition Terms
(1) The website and all the basic content (including text, images, marks and logos) with the exception of experiences, opinions, statements, recommendations, ratings, and information posted on the site by individual users and advertisements is subject to copyright which belongs to us. This means that users have a licence to simply use the site but this does not convey to you any rights of ownership nor any rights to use or display the copyrighted information in any way. Likewise, there is no partnership, joint venture, agency, employment or any other form of relationship between any website user or advertiser and us.
(2) Specifically, all users agree that without our express agreement in writing specifically for that user, they will not breach any copyright in so far as information, text, images, content, materials, and anything whatsoever supplied to you or available from us. This specifically means you will not copy, reproduce, modify, assign, make derivative works, distribute or in any way publicly display, create Internet "links" to the Service or "frame" or "mirror" any Content on any other server or wireless or Internet-based device, reverse engineer, or access the services in any way to build a product using similar ideas, function, or which is in any way similar to ours.
(3) However, if we have specifically agreed, in writing, that you may use any documents, for example, forms to complete, you agree to use them only for the purposes we have specifically agreed and that you will not construe this as enabling you in any way to breach clause 8(2) above.
9 LIABILITY DISCLAIMER
(1) To the extent that the law allows we will not be held responsible for any direct or indirect loss, incidental or consequential damage, or loss (economic or otherwise), any punitive or exemplary damages, any loss of reputation or goodwill or business opportunities or contact, however it arises, including out of negligence relating to or in any way connected to any installation, use (unauthorised or otherwise), errors, mistakes, accident, theft or fraud, destruction, or any part of the provision of the website or this user agreement.
(2) In the unlikely event that you have any right, claim or action against any other user or advertiser arising from that user's or advertiser’s use of the website then you specifically agree to pursue that right, claim or action independently of and without recourse to us.
(3) You specifically release us and any subsidiaries, agents and employees from all claims, liability, damages, losses, costs and expenses, including any legal fees, known and unknown, arising from or in any way connected with such right, claim or action and agree to completely indemnify us in respect of any such involvement.
(1) The rights given or obligations and duties imposed on a user or advertiser cannot be transferred, sold, assigned, delegated, conveyed rented, subcontracted or shared in any way by you and nobody else can benefit but you. A copy of this agreement will be admissible in the case of any dispute or in any proceedings.
(2) We reserve the right to transfer, sell, assign, delegate, convey, rent, subcontract or share all or any part of the rights, duties or obligations and provision of the website.
11 QUERIES / COMPLAINTS & NOTICES
(1) We aim to respond to any queries within 14 working days.
(2) We operate on a "notice and takedown" basis. If you have any complaints or objections to material or content including forums or any other form of User posting or messages posted on this website, or if you believe that material or content posted on this website infringes a copyright that you hold, please contact us immediately at email@example.com
Once this procedure has been followed we will make all reasonable endeavours to remove illegal content within what we deem to be a reasonable time
(3) Any other complaints must be addressed in writing to us at our registered office (see definitions above)
(4) If any complaint may amount to a breach by us then you must allow us 30 days to remedy that breach.
(5) Any notices, including notices at clause 11 (2) above to which you have not received an acknowledgment within 7 working days, must be in writing to our registered office address using Royal Mail Special Delivery and will be will be deemed to have been received on the 3 working day after posting.
12 CANCELLATION & SUSPENSION
(1) Without limiting any other remedies, we may suspend or terminate your use/registration/account at our absolute discretion, either with or without notice.
(2) Particularly, where we suspect that you have engaged or are about to engage in, or have been in any way involved in or linked to, breaches of any terms of this users agreement.
(3) We also reserve the right to cancel, take-down, delete or otherwise remove any advertisement or any experiences, opinions, statements, recommendations, ratings, and information provided by other users or advertisers or any links to other websites or other information which is made available through the website without giving reason and in our absolute discretion.
(4) If we do not act upon any breach immediately you should not assume that we have waived any rights as to enforceability or to seek redress, unless we have expressly stated that in writing.
Each clause or any part at all of this agreement is to be regarded as independent of the others. This means that should any clause or any part at all of this agreement be found to be unenforceable or invalid it will not affect the enforceability or validity of the rest of this agreement.
(1) These terms and conditions supersede any and all prior representations, understandings and agreements between you and us.
(2) We reserve the right to vary our terms and conditions at any time and such variation takes effect when they are posted on our website
These Terms & Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.