Terms and conditions
1.1 These terms and conditions shall govern your use of our applications in all platforms and website, hereafter products.
1.2 By using our products, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our products.
1.3 If you register with our products, submit any material or use any of our products services, we will ask you to expressly agree to these terms and conditions.
1.4 You must be at least 13 years of age to use our products; by using our products or agreeing to these terms and conditions, you warrant and represent to us that you are at least 13 years of age.
2. Copyright notice
2.1 Copyright © 2017 Facechart LTD.
2.2 Subject to the express provisions of these terms and conditions:
a - we, together with our licensors, own and control all the copyright and other intellectual property rights in our products and the material on our products; and
b - all the copyright and other intellectual property rights in our products and the material on our products are reserved.
3. Licence to use products
3.1 You may:
a - view pages from our website in a web browser;
b - download pages from our website for caching in a web browser;
c - print pages from our website;
d - use our website services by means of a web browser; and
e - use our mobile applications services (including any data meant to be shown in the applications) by means of the official published applications in the official stores, subject to the other provisions of these terms and conditions.
3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our products or save any such material to your computer.
3.3 You may only use our products for your own personal and business purposes, and you must not use our website for any other purposes.
3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our products.
3.5 Unless you own or control the relevant rights in the material, you must not:
a - republish material from our products (including republication on another website);
b - sell, rent or sub-license material from our products;
c - show any material from our application in public;
d - exploit material from our application for a commercial purpose; or
e - redistribute material from our products.
3.6 We reserve the right to restrict access to areas of our products, or indeed our whole products, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our products.
4. Acceptable use
4.1 You must not:
a - use our products in any way or take any action that causes, or may cause, damage to the products or impairment of the performance, availability or accessibility of the products;
b - use our products in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
c - use our products to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
d - conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our products without our express written consent;
e - access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
f - violate the directives set out in the robots.txt file for our website; or
g - use data collected from our products for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
4.2 You must not use data collected from our products to contact individuals, companies or other persons or entities.
4.3 You must ensure that all the information you supply to us through our products, or in relation to our website, is true, accurate, current, complete and non-misleading.
5. Registration and accounts
5.1 To be eligible for an account on our applications under this Section 5, you must be, at least, 13 years or older.
5.2 You may register for an account with our applications by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the application will send to you.
5.3 You must not allow any other person to use your account to access the products.
5.4 You must notify us in writing immediately if you become aware of any unauthorised use of your account.
5.5 You must not use any other person’s account to access any of the applications.
6. User login details
6.1 If you register for an account with our applications, you will be asked to choose a user name and password.
6.2 Your user name must not be liable to mislead and must comply with the content rules set out in Section 11; you must not use your account or user name for or in connection with the impersonation of any person.
6.3 You must keep your password confidential.
6.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
6.5 You are responsible for any activity on our products arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
7. Cancellation and suspension of account
7.1 We may:
a - suspend your account;
b - cancel your account; and/or
c - edit your account details,at any time in our sole discretion without notice or explanation.
7.2 You may cancel your account contacting us through the email published in the website.
8. Social networking
8.1 Registered users will have access to such additional features on our applications as we may from time to time determine, which may include:
a - facilities to complete a detailed personal profile on the products and to publish that profile on the products;
b - facilities to register cosmetic product, manage cosmetic products on your private dressing table and share public reviews about any cosmetic product;
c - the facility to send public messages via the applications in a particular look on the applications; and
d - the facility to post and publish text and media on the application.
8.2 You acknowledge that we cannot be held responsible for the behaviour of our users, either on or off the website, and we cannot guarantee that any information provided by a user is true, accurate, complete, current and not misleading; and subject to Section 15.1 you will not hold us liable in respect of any loss or damage arising out of any user behaviour or user information.
8.3 You agree to the publication of posts relating to you, by others, on our website; you acknowledge that such posts may be critical or defamatory or otherwise unlawful; and, subject to Section 15.1, you agree that you will not hold us liable in respect of any such posts, irrespective of whether we are aware or ought to have been aware of such posts.
9. Personal profiles
9.1 All information that you supply as part of a personal profile on the products must be true, accurate, current, complete and non-misleading.
9.2 You must keep your personal profile on our website up to date.
9.3 Personal profile information must also comply with the provisions of Section 5 and Section 11.
10. Your content: licence
10.1 In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material and files) that you submit to us or our products for storage or publication on, processing by, or transmission via, our products.
10.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.
10.3 You grant to us the right to sub-license the rights licensed under Section 10.2.
10.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 10.2.
10.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
10.6 You may edit your content to the extent permitted using the editing functionality made available on our products.
10.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
11. Your content: rules
11.1 You warrant and represent that your content will comply with these terms and conditions.
11.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
11.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
a - be libellous or maliciously false;
b - be obscene or indecent;
c - infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
d - infringe any right of confidence, right of privacy or right under data protection legislation;
e - constitute negligent advice or contain any negligent statement;
f - constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
g - be in contempt of any court, or in breach of any court order;
h - be in breach of racial or religious hatred or discrimination legislation;
i - be blasphemous;
j - be in breach of official secrets legislation;
k - be in breach of any contractual obligation owed to any person;
l - depict violence in an explicit, graphic or gratuitous manner;
m - be pornographic, lewd or sexually explicit;
n - be untrue, false, inaccurate or misleading;
o - consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
p - constitute spam;
q - be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
r - cause annoyance, inconvenience or needless anxiety to any person.
11.4 Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.
11.5 You must not use our products to link to any website or web page consisting of or containing material that would, were it posted on our products, breach the provisions of these terms and conditions.
11.6 You must not submit to our products any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
12. Collaborative database
12.1 The applications give access to users to a collaborative database that contains information about cosmetic products.
12.2 Only registered users can modify in any way the content of this collaborative database.
12.3 All the content of this collaborative database must complain with the content rules on Section 11 (including any text or media related to the cosmetic products kept in this collaborative database) as all the content of this collaborative database is created and maintained by registered users of our products.
12.4 As the rest of the content in our products, we reserve the right to change it partially or completely if it doesn’t comply with the rules in Section 11.
12.5 Cosmetic product owners can contact us via email to change or create the data that represents one or more cosmetic products (including brand, name and media related to it) and we reserve the right to make those changes as long as we consider them an improvement on the quality of our products data.
12.6 Ultimately, all the content in the collaborative database is created by our products users, hence you are responsible about the quality of the data in the collaborative database that you create.
12.7 We will never change or delete a user review or opinion about a cosmetic product unless it goes against the content rules in Section 11.
13. Report abuse
13.1 If you learn of any unlawful material or activity on our products, or any material or activity that breaches these terms and conditions, please let us know.
13.2 You can let us know about any such material or activity by email or using our website content form.
14. Limited warranties
14.1 We do not warrant or represent:
a - the completeness or accuracy of the information published on our products;
b - that the material on the products is up to date; or
c - that the products or any service on the products will remain available.
14.2 We reserve the right to discontinue or alter any or all of our product services, and to stop publishing our products, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any products services, or if we stop publishing the products.
14.3 To the maximum extent permitted by applicable law and subject to Section 15.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our products and the use of our products.
15. Limitations and exclusions of liability
15.1 Nothing in these terms and conditions will:
a - limit or exclude any liability for death or personal injury resulting from negligence;
b - limit or exclude any liability for fraud or fraudulent misrepresentation;
c - limit any liabilities in any way that is not permitted under applicable law; or
d - exclude any liabilities that may not be excluded under applicable law.
15.2 The limitations and exclusions of liability set out in this Section 15 and elsewhere in these terms and conditions:
a - are subject to Section 15.1; and
b - govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
15.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
15.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
15.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
15.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
15.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
15.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
16.1 You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our products or any breach by you of any provision of these terms and conditions.
17. Breaches of these terms and conditions
17.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
a - send you one or more formal warnings;
b - temporarily suspend your access to our products;
c - permanently prohibit you from accessing our products;
d - block computers using your IP address from accessing our website;
e - contact any or all of your internet service providers and request that they block your access to our website;
f - commence legal action against you, whether for breach of contract or otherwise; and/or
g - suspend or delete your account on our products.
17.2 Where we suspend or prohibit or block your access to our products or a part of our products, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
18. Third party websites
18.1 Our products includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
18.2 We have no control over third party websites and their contents, and subject to Section 15.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.
19. Trade marks
19.1 Facechart, our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.
19.2 The third party registered and unregistered trade marks or service marks on our products are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
20.1 From time to time we may run competitions, free prize draws and/or other promotions on our products.
20.2 Competitions will be subject to separate terms and conditions (which we will make available to you as appropriate).
21.1 We may revise these terms and conditions from time to time.
21.2 We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our products from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our products.
21.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on our products, and you must stop using our products.
22.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
22.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
23.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
23.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
24. Third party rights
24.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
24.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
25. Entire agreement
26. Law and jurisdiction
26.1 These terms and conditions shall be governed by and construed in accordance with English law.
26.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
27. Statutory and regulatory disclosures
27.1 We are registered in Companies House; you can find the online version of the register at Companies house, and our registration number is 11046717.
28. Our details
28.1 All our products are owned and operated by Facechart LTD.
28.2 We are registered in England and Wales under registration number 11046717, and our registered office is at 27 Old Gloucester Street, LONDON, WC1N 3AX.
28.3 Our principal place of business is at 27 Old Gloucester Street, LONDON, WC1N 3AX.
28.4 You can contact us:
a - using our website contact form; or
b - by email, using the email address published on our website (header).