Throughout these Terms, Benefit Cosmetics Limited will be referred to as "Benefit" or "We" or "Us" or "Our") and you will be referred to as "You" or "Your" or the "User".
You should read these Terms carefully before using the Website as by using the Website You agree to these Terms. Furthermore, these Terms contain important information relating to Your legal rights and remedies and Your obligations to Us. These Terms also include terms that reduce or limit Our liability towards You. We suggest that if You do not understand any these Terms, then You should ask someone to explain them to You.
If You are agreeing to the Terms on behalf of a company, then you warrant that you have the full right, power and authority to agree these Terms on behalf of such company (in which case "You"/"Your" and the "User" shall also refer to such company).
We may change these Terms at any time and shall notify You of such changes in any way that we believe is reasonable, for instance, by putting a new version of the Terms on the Website. Please note that We will not tell you that when We change these Terms, so You should read the Terms on a regular basis to stay aware of any changes. You will be able to tell when We last changed these Terms as it will be the date at the bottom of these Terms. When You use the Website after any change that We make, You agree to such changes.
Everything that is displayed or made available on the Website, which includes text/words, graphics/images/pictures, data, software and applications (which will now be referred to as the "Content") belongs to the individual or company that owns it and are protected by legal rights including copyright and trademark. You are not given any rights whatsoever in relation to the Content by using the Website or for any other reason.
You agree that You shall not "infringe" any Content, which means doing things including using it, copying it, reproducing it, modifying/changing it, translating it, giving it to other people or companies (including "licensing" or "selling" it) or otherwise doing anything else with it without the written permission of the owner. Also, You agree that You shall not 'reverse engineer' or change the Website or create 'derivative works' from the Website.
Access to and use of the Website is currently free, but We may charge for access and use to any or all parts of the Website in the future and in the event that You wish to continue to access these parts of the Website, You must pay the necessary fee(s).
Furthermore, the Website may not remain accessible or functional at any time.
When You access the Website, by clicking on the Facebook, Twitter or Instagram link You will be redirected to the relevant social media site so that You can grant the Website access to Your relevant social media account.
You will then be able to permit the Website to access Your Facebook and/or Twitter and/or Instagram accounts to run a search against keyword(s). As soon as possible, the Website will provide details of all of up to twenty of Your posts on the relevant social media feed(s) which include the keyword(s). You shall then be able to manage the privacy settings of such posts.
Notwithstanding the above, Instagram is only available if the Website is accessed on a mobile device.
Your use of the Website is entirely at Your own risk and We shall not be liable for any damage or loss which You may suffer as a result of Your use of the Website; You are responsible for Your own damage or loss.
The Website may contain links or interact with websites belonging neither to You or Us (which will now be referred to as "Third Party Websites"). Your access to Third Party Websites is subject to the privacy policies and other terms and conditions which when using such Third Party Websites and which are imposed by the owner of such Third Party Websites and it is Your responsibility to make sure that you read such privacy policies and terms and conditions. We have no control over, are not responsible for, do not approve of and make no representation about such Third Party Websites, including but not limited to the reliability, accuracy, completeness and security of such Third Party Websites and any Content, privacy policies or terms and conditions which appear on such Third Party Websites. Your access to and use of Third Party Websites is entirety at Your own risk and We accept no liability, whatsoever, for any damage or loss which You may suffer as a result of Your access or use of such Third Party Websites. By using the Website, You free us from any and all liability which arises to You from Your use of or interaction with any Third Party Website.
By using the Website, You agree to comply with the following rules (which will now be referred to as the "Website Rules"):
You shall use the Website for its actual purpose and not for any other reason or any unlawful purpose;
You shall not pretend to be any other person, company or other entity other than You;
You shall not disrupt or interfere with the Website or the servers or networks used to make the Website available;
You shall not transmit through or in connection with the Website any 'virus', 'worm', 'Trojan horse' or other code or file whatsoever; and
You shall not copy, change, 'decompile', 'reverse engineer', attempt to gain the 'source code', or obtain any underlying information relating to the Website (or any part of it), make a database of the content of the Website, or exploit the Website (or any part of it) in any way for commercial or business purposes.
You agree that the Website is provided "as is" without any promises, 'warranties' or 'representations', 'express' or 'implied' (by law or otherwise), of any kind whatsoever, including promises, warranties or representations as to whether it will work for its intended purpose, whether it will be safe and secure, whether it will be available at all times or whether your use of it is allowed or will cause damage to other people, to the extent permitted by law.
We do not promise, 'represent' or 'warrant' that the Website is accurate, error-free, reliable, complete or will work at any time or with any given hardware or software. Also, we do not 'promise', 'represent' or 'warrant' that (i) access to the Website will be uninterrupted or secure, (ii) any problems with the Website will be fixed, or (iii) that the Website or any servers or networks through which the Website is made available will be secure or free from viruses or other things that may cause loss or damage to You.
You accept that we do not have any special relationship to You, We do not have any financial responsibility to you or anything known as a 'fiduciary duty' to You and that We, nor any other company or individual involved in creating, producing or delivering the Website (including any of our 'affiliated entities' or 'agents') (which will now be referred to as "Other Entities"), shall not be responsible for, nor have any duty to do anything with respect to Your access to the Website, how You use the Website or the effect that the Website has upon You.
You accept that Your access and use of the Website is entirely Your decision and at Your own risk and that only You will be responsible for any losses, liabilities, costs (including reasonable legal costs), charges, expenses, actions, proceedings, claims and damages which You or any other person, company or entity may incur becuase of Your use of the Website, including any damage to any of Your hardware or loss of Your data (such as your social media posts).
Furthermore, You agree to 'indemnify' Us and the Other Entities and keep Us and the Other Entities 'indemnified' from and against all losses, liabilities, costs (including reasonable legal costs), charges, expenses, actions, proceedings, claims and damages which We may incur or suffer because of Your use of the Website any breach by You of any of Your obligations under these Terms.
Neither We nor the Other Entities shall, under any circumstances, be liable to You for any 'direct', 'indirect', 'consequential', 'special' or 'exemplary' damages arising from or in connection with your access or use of the Website for any reason, including damage or loss based on 'breach of contract', 'breach of warranty' and 'tort', even if You have told Us in advance of such damage or loss or the potential of such damage or loss.
In any event, Our maximum liability to You (and that of the Other Entities) for any loss or damage, whether in contract, tort or otherwise, which You suffer from or in connection with your access or use of the Website for any reason will be no more than the amount of money paid by You to Us for your use of and access to the Website.
These Terms will apply until We terminate (end) them and We may terminate these Terms and your access to the Website at any time without telling You for any reason. You agree that neither We or the Other Entities shall be liable for you or any third party for terminating these Terms or your access to the Website. The following terms shall survive termination of these Terms: 1,2,4,5 and 8.
Nothing in these Terms is intended to, or shall operate to, create a 'partnership', 'joint venture', relationship of 'employer' and 'employee', or authorise either of us to act as 'agent' for the other, and neither of us shall have authority to act in the name of or on behalf of or otherwise agree to anything on behalf of the other in any way (including the making of any 'representation' or 'warranty', the assumption of any obligation or liability and the exercise of any right or power).
You may not give, assign or transfer any of Your rights, or sub-contract any or all of Your obligations under this Agreement without Our prior written consent. We may give, assign or transfer any of Our rights, or subcontract any or all of Our obligations under this Agreement without notice to You.
These Terms (together with all agreements referred to in these Terms which are included in these Terms by naming them) apply instead of any agreements, arrangements or undertakings between You and Us which were made before these Terms and these Terms form the whole agreement between You and Us about to the subject matter of these Terms.
If any part of the Terms are not allowed by law or are judged by a court to be unlawful, void or unenforceable, such part shall, to the extent required, be removed from these Terms and shall not apply as far as possible without changing the other parts of the Terms and shall not in any way affect any other parts of the Terms or the validity or enforcement of the Terms.
If either of us does not use of any of our legal rights or rights under these Terms, or forgives the breach by the other of their legal obligations or obligations under these Terms, then this does not mean that we shall not be able to use such rights in the future or that we shall not be able to hold the other liable for such breach either previously or in the future.
No term of this Agreement is enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to this Agreement, other than the Other Entities.
Clause and paragraph headings shall not affect the interpretation of these Terms.
Reference to clauses are to clauses of these Terms.
Notices to You may be made by posting a notice on the Website, by email, or any other means that We choose. Any notice to Us that is required or permitted by these Terms shall be in writing and shall be deemed to be effective upon receipt to the following email address: firstname.lastname@example.org.
You agree that a printed version of these Terms and conditions and any notice given in electronic form shall be admissible in any legal or administrative proceedings based upon or related to these Terms.
This Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation, construction or interpretation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. We and You both agree that each may only bring a claim against the other in an individual capacity and not as part of any class action.
Without limitation to the foregoing, We shall not be liable for failure to perform Our obligations under these Terms for any reason beyond our control.
Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
In these Terms, the words 'affiliated entities' means as regards Us, Our subsidiaries, Our ultimate holding company and each of Our ultimate holding company's other subsidiaries from time to time.
We and You irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales over any claim or matter arising under or in connection with this Agreement and that either party shall be entitled to enforce any such judgement in any other jurisdiction as appropriate.