terms & conditions
Website Terms & Conditions of Use
Terms & Conditions of Sale
Terms and Conditions of Sale
Charlotte Tilbury Beauty Limited (referred to in these Terms of Sale as “CTBL” “we”, or “us”) is a company registered in England and Wales, whose registered number is 08037372 and whose registered address is at 8 Surrey Street, London WC2R 2ND.
Should you have any questions about these Terms of Sale or wish to contact us for any reason, please use the Contact Us section on the Website.
By ordering any Products from us, you confirm that you are:
(a) resident in Ireland; and
(b) ordering Products for delivery in Ireland ; and
(c) aged 18 years or over.
If any of the above is incorrect, you must not order any Product from this Website and we reserve the right, in our sole discretion, to refuse or accept your order
All Product descriptions and images shown on the Website are provided in good faith but are intended as guidance only and actual Products may vary accordingly.
The packaging of the product may vary from that shown in images on our website.
The images of the products on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Products may vary slightly from those images. The packaging of Products may vary from that shown in images on our Website.
All prices shown on the Website are in pounds sterling and inclusive of Value Added Tax (“VAT”) at the relevant rate. Prices shown on the Website do not include delivery, packaging or other charges, which will be added to any order you place. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
Whilst we use reasonable endeavours to keep prices up-to-date on the Website, we reserve the right to alter prices at any time. If the price of your Products have changed after you have ordered, we will not be able to refund/credit you the difference in price (this also includes sale price adjustments).
Any material and information presented by CTBL on the Website or with any Products sold through the website is intended to be used for informational purposes only. Any statements and Products are not intended to diagnose, treat, cure or prevent any condition or disease. All Products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for Products to avoid potential allergic reactions. Use of the Website is not meant to serve as a substitute for professional medical advice. If you have any personal concerns, please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Website before using or relying on them.
You agree and acknowledge that all text, graphics, photographs, copyright, trademarks and any other intellectual property, material or content available within this Website are owned and shall remain vested in CTBL, our licensors and any CTBL Affiliates (defined below). An affiliate is any entity that directly or indirectly controls, is controlled by, or is under common control with another entity (Affiliates).
You agree and acknowledge that the material within this Website is made available for your personal and non-commercial use only.
You acknowledge that, as between you and us, CTBL and its Affiliates own all present and future copyright, registered and unregistered trademarks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights existing in or in relation to the Products ("IPR").
If any IPR vests in you, whether by operation of law or otherwise, you hereby assign to us all right, title and interest (whether legal or beneficial) in such IPR throughout the world absolutely to the fullest extent possible, including any and all renewals and extensions of such IPR.You unconditionally and irrevocably waive any and all moral rights you may have either now or in the future existing in or in relation to the Products. You also agree to execute and do all such deeds, documents, acts and things as we may reasonably require in order to assign any IPR to us, to carry out the intended purpose of these Terms of Sale or to establish, perfect, preserve or enforce our rights under these Terms of Sale.
You also acknowledge that the Products are intended for your own personal use and that you will not resell the Products to any other persons.
How to order Products
When you have found a Product on the Website that you would like to buy, please click on the button labelled "ADD TO BAG". This will add your Product to a virtual "make-up bag" (the “Bag”). You can then proceed to pay for the Products in your Bag by clicking on the Bag icon and then clicking “Checkout”. Alternatively, you can continue browsing the Website and add additional Products to your Bag.
You can see what Products are in your Bag at any time by clicking on the Bag icon and then the button labelled “GO TO MY BAG”. If you wish to remove a Product from your Bag, simply click on the “X” under the header “Remove” next to the relevant Product. You can pay for the Products in your Bag at any time by clicking the button labelled “PROCEED TO CHECKOUT”.
When you click the “PROCEED TO CHECKOUT” button, you may be asked to choose two complimentary samples to add to your Bag, subject to availability while stocks last.
Once you have clicked on “PROCEED TO CHECKOUT” you will be given the option to Register or Checkout as a Guest. You will then be asked to provide various information necessary to process your order and deliver the Product(s) to you. You can provide this information by filling in the fields requested on the screen. All fields with an asterisk must be completed. We respect your right to privacy and will only use any information you provide to us in accordance with our Privacy and Cookies Policy.
We must limit any orders to no more than ten (10) units of any single item (i) per order; and (ii) per customer in case of multiple orders placed within 12 months. We reserve the right to reject, cancel or terminate any order at our discretion without reason.
Our contract with you
Once you place your order to purchase a Product from us by following the steps outlined above and by clicking the button labelled “Place Order” we will send you an email confirming your purchase. This email will provide you with the details of the order. This is not an order acceptance by us. A dispatch confirmation email, including a tracking code will then be sent when your order leaves our warehouse. Our acceptance of your order and the completion of the contract between you and us will take place when we have dispatched the Products to you.
If we are unable to accept your order, we will inform you of this and will not charge you for the Product(s). This might be because the (i) Product is out of stock; (ii) because we have identified an error in the price or description of the Product; (iii) our inability to obtain authorisation for your payment; or (iv) because of unexpected limits on our resources which we could not reasonably plan for.
The contract will be concluded in English.
Payment for the Products
All Products will remain our property until we have received payment in full for those Products. Legal ownership in the Products will immediately revert to us if we refund any such payments to you.
During the checkout process, you will be asked to complete your payment details. All fields with an asterisk must be completed. We accept most major credit and debit cards. Please note that we will collect, store and use your information in accordance with our Privacy & Cookies Policy.
All card payments are subject to authorisation by your card issuer. If your payment is not authorised, we will cancel your order and notify you in writing (which may include e-mail) that we have done so. If you have already received the Products you ordered from us, you must return those Products to us at your own expense. If you fail to do so within 2 weeks of our cancelling your order, we may arrange for collection of the Products at your expense.
If we cannot supply you with the Products that you have ordered, we will cancel your order and inform you of this as soon as reasonably possible. We will give you a full refund where you have already paid for the Products.
Our rights to make changes
We may change the Product to reflect changes in relevant laws and regulatory requirements.
Delivery of the Products
For information on shipping including shipping costs and estimated delivery times please see the Shipping policy on our Website.
Delivery will be to the address specified in your order. If no one is available at the address at the time of delivery, the Products will either (i) be retained by the delivery company for a reasonable period of time and then returned to us or (ii) will be left in your designated “safe place” if you selected this option. If you choose to have your order delivered to a safe place, please select from one of the chosen safe places on the list and ensure that the safe place you choose is protected from the elements and is guarded from public view to avoid damage and theft. However, we can't guarantee that our carriers will be able to meet these instructions under all circumstances although we will endeavour to accommodate your request. You acknowledge that you are fully responsible for any order left in your chosen safe place.
If Products are returned to us by the delivery company, we will issue you with a refund for the Products but reserve the right to retain any costs incurred in arranging for the delivery and return of the Product.
All risk in the Products you order (including risk of loss and/or damage to the Products) shall pass to you upon delivery to you. Products will count as delivered once they are left in your designated safe place.
We shall be under no liability for any delay or failure to deliver products if the delay or failure is caused by a third party or is wholly or partly caused by circumstances beyond our control.
Our liability to you
We will use reasonable skill and care in fulfilling any order placed by you which is accepted by us. However, we exclude all other representations, warranties, conditions and terms express or implied by statute, common law or otherwise to the fullest extent permitted by law.
Save as expressly set out in these Terms of Sale, we will not be liable for any special, indirect, incidental, consequential or economic loss or for loss of profits or revenues howsoever caused arising in connection with any order placed by you. Notwithstanding the above, our total liability (whether in contract, tort, negligence or on any other basis) to you, for any loss or damage shall be limited to the sums paid or payable for the Products.
We will not be liable to you where we breach these Terms of Sale due to any cause that is beyond our reasonable control, including acts of God, explosions, floods, tempests, fires or accidents; wars or threats of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes; difficulties in obtaining materials, labour, fuel, parts or machinery; power failure or breakdown in machinery.
Nothing in these Terms of Sale shall limit our liability for personal injury, death or fraud.
This clause does not affect your statutory rights as a consumer.
Returns and Refunds under our Returns Policy
We hope you love your purchases, but if for any reason you do need to return something to us, we’ve made it as simple as possible. Please see our Returns & Exchanges Policy for details.
Other important terms
We may update or amend these Terms of Sale from time to time to comply with law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the Website.
These Terms of Sale supersede any other terms and conditions previously published by us and any other representations or statements made by us to you, whether oral, written or otherwise.
You may not assign or sub-contract any of your rights or obligations under these Terms of Sale to any third party unless we agree in writing.
We may assign, transfer or sub-contract any of our rights or obligations under these Terms of Sale to any third party at our discretion. No relaxation or delay by us in exercising any right or remedy under these Terms of Sale shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.
If any of these Terms of Sale are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms of Sale shall remain in full force and effect.
Only you and we shall be entitled to enforce these Terms of Sale. No third party shall be entitled to any of these Terms of Sale, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
These Terms of Sale are governed by English law. In the event of any matter or dispute arising out of or in connection with these Terms of Sale, you and we shall submit to the exclusive jurisdiction of the English courts.
Last Revised: December 2017.
Terms & Conditions of Use
Welcome to our UK site for https://www.charlottetilbury.com/uk (the \"Website\"). References to “we”, “us” and/or “our” throughout the Website”) is to Charlotte Tilbury Beauty Limited (“CTBL”).
CTBL is a company registered in England and Wales (company registration number is 08037372), whose registered office is at 8 Surrey Street, London, United Kingdom WC2R 2ND. Our VAT number is GB 267 5528 69.
You agree to use the Website only for lawful purposes and in a way which does not infringe the rights of any anyone else or restrict or inhibit anyone else's use and enjoyment of the Website.
You are permitted to download and print content from the Website solely for your own personal use. Website content, including without limitation, all information, data, products, materials, services, software applications and tools, digital avatars, design elements, text, images, photographs, illustrations, audio and video contents, LiveChat conversations, and VideoChat exchanges and artwork and graphics contained therein or otherwise made available to you in connection therewith (collectively, the “Content”), must not be copied or reproduced, used or otherwise dealt with for any other reason. You are not entitled to modify or redistribute the Content or reproduce, link, frame or deep-link it on any other website without our express written permission. You are not entitled to use the content of the Website for commercial exploitation in any circumstances. You are not entitled to make recordings of the Website or any Content.You should only use the Website if you are aged 18 years or over.YOUR ACCOUNT
CTBL and its Affiliates (defined below) are the owners or licensees of all present and future copyright, registered and unregistered trademarks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights around the world existing in or in relation to the Website (\"IPR\"). An affiliate is any entity that directly or indirectly controls, is controlled by, or is under common control with another entity (Affiliates).
Any avatar animation including but not limited to avatar characters, backgrounds, props, specific animations, movements and voice performances are CTBL and/or its Affiliates IPR.
You are permitted to use the Content only as expressly authorised by us.
You acknowledge and agree that the material and Content contained on this Website is made available for your personal non-commercial use only and that you may download such material and Content onto only one device for such purpose. Any other use of any material and Content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and Content.
You are not permitted to use any of our intellectual property (including our registered or unregistered trademarks and/or copyright) without our prior written approval. This can be requested by contacting us (refer to the Contact Us section for more details).
Whenever you post content, such as a product review, to our Website you must comply with the provisions set out below:
You may only use this Website for lawful purposes. You must ensure that any comment or activity that you intend to post or upload to our Website or provide or make to us via this Website or any function of this Website including LiveVideo and LiveChat:
- Does not contravene any applicable laws or contravene any person's legal rights (such as, by way of example only, a duty of confidence) or promote, advocate or assist any illegal activity (such as, by way of example only, copyright infringement or computer misuse);
- Is not indecent or obscene, does not contain any sexually explicit material and does not promote or refer to sexual activity;
- Is not abusive, offensive, hateful, threatening or inflammatory, is respectful of other people’s privacy and is not likely to harass, upset, embarrass, alarm, deceive, inconvenience or annoy anyone;
- Does not promote violence;
- Is not used to impersonate anyone or to misrepresent identity or affiliation with any person or organisation;
- Is not libellous or defamatory;
- Does not promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- Does not infringe any copyright, database right or trademarks of any person;
- Does not give the impression that it emanates from us (unless that is in fact the case);
- Is accurate (where it contains statements); and
- Only contains opinions if they are genuinely held (and which must not breach any of the other requirements as to content).
We provide the content on the Website in good faith but give no warranty or representation that the content is accurate, complete or up-to-date, nor that the Website does not infringe the rights of any third party. We accept no responsibility or liability for your use of content on the Website and such use is entirely at your own risk. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs on the Website, we accept no liability for them.
Information transmitted via this Website will pass over public telecommunications networks. We make no representation or warranty that the operation of this Website will be uninterrupted or error free and disclaim all liability in respect thereof.
Any material and information presented by CTBL on the Website or with any products sold through the Website is intended to be used for informational purposes only. Any statements and products are not intended to diagnose, treat, cure or prevent any condition or disease. All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. Use of the Website is not meant to serve as a substitute for professional medical advice or medical resource. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Website before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. CTBL does not give or intend to give any answers to medical related questions and does not represent itself as a physician nor is this implied.THIRD PARTY LINKS
This Website may contain links to other websites. We accept no responsibility or liability for any material supplied by or contained on any third party website which is linked from or to this Website.PRIVACY AND PERSONAL INFORMATION
Subscriptions Terms & Conditions of Use
These are the subscription terms and conditions (“Terms”) on which Charlotte Tilbury Beauty Limited, a company registered in England and Wales with company number 08037372 whose office is at 8 Surrey St, London, England, WC2R 2ND, (“we” or “us”) supply specific products available for subscription listed on our website www.charlottetilbury.com/ie (the “Site”) to you via our subscription ordering facility (“Subscription Service”).
Please read these Terms carefully before setting up any Subscription Service. By signing up to the Subscription Service you will be deemed to have accepted and be bound by these Terms. These Terms prevail in the event of any conflict or inconsistency with any other communications, including advertising or promotional materials. Please also note that the use of the Site is subject to the terms contained in the Site Terms and Conditions of Use, which apply whether or not you set up the Subscription Service.
• Once you place your order to purchase a Product from us by the Subscription Service and by clicking the button labelled “Subscribe” we will send you an email confirming your purchase. This email will provide you with the details of the order. • This is not an order acceptance by us. A dispatch confirmation email, including a tracking code will then be sent when your order leaves our warehouse. Our acceptance of your order and the completion of the contract between you and us will take place when we have dispatched the Products to you. • If we are unable to accept your order, we will inform you of this and refund any charges as necessary. This might be because the (i) Product is out of stock; (ii) because we have identified an error in the price or description of the Product; (iii) our inability to obtain authorisation for your payment; or (iv) because of unexpected limits on our resources which we could not reasonably plan for. • For all subsequent orders, we will notify you by email in advance prior to taking payment. • The contract will be concluded in English.
a) Cancel your subscription at any time. b) Edit your billing and/or shipping details. c) Pause your subscription – you can pause your subscription for three months.
a) resident in the Republic of Ireland; and b) ordering Products for delivery in the Republic of Ireland; and c) aged 18 years or over.
• If any of the above is incorrect, you must not order any Product through a Subscription Service from the Site and we reserve the right, in our sole discretion, to refuse or accept your order.
Free Gift With Purchase Promotions
These terms and conditions (the Terms) apply to Free Gift with purchase Promotions available from time to time on http://www.charlottetilbury.com(the Website)2. The Promoter
Islestarr Holdings Limited a company registered in England and Wales with company number 07712458, whose registered office is at 8 Surrey Street, London WC2R 2ND (Promoter).3. The Promotion
Spend the Qualifying Amount as detailed in the promotion on any Charlotte Tilbury products and merchandise (Products) on the relevant Website and receive the free gifts with your purchase (the Promotion).
**Please note that purchasing e-gift cards and consultations does not count as purchase of Products and will therefore not contribute towards the Qualifying Amount required to receive the Gift. Subscription purchases are also excluded.**4. The Gift
4.1. The gift is as detailed in the promotional advertising.
4.2. The Gift is exclusive of delivery costs.
4.3. The Gift is subject to availability. There is no cash alternative for the Gift and the Promoter reserves the right to substitute the Gift with a gift of equal or greater value.
4.4 The Gift cannot be exchanged. For example, the Gift cannot be exchanged in the event the wrong shade is selected for the free Gift.
4.5 In the event that any Product(s) purchased as part of qualifying transaction are returned and the qualifying transaction would therefore fall below the Qualifying Amount, the customer will be required to return the Gift.
4.6. The Promoter is not responsible for any additional costs and/or expenses in relation to the Gift including (without limitation) travel costs, other than any specifically listed as part of the Gift above and for the specified periods of time (where applicable).
4.7 The Qualifying Amount is the amount after any discounts have been applied.
4.8. The participant shall not, while using the Gift, display or publicize any political slogans or homophobic language, images of a lewd or explicitly sexual nature, images containing logos of competitors and overt brand sponsorship or anything else deemed to be ambush marketing, or content which is defamatory, obscene, illegal, vulgar, offensive or otherwise unsuitable or infringes others’ rights (including intellectual property rights).5. How do I participate in the Promotion?
5.1. To participate in the Promotion, participants must place an order on the Website during the timeframes set out in the promotional advertising (Promotion Period) for one or more of the Products. The amount that the participant spends on the Products must be equal to or more than the relevant Qualifying Amount.
5.2. Participants who make purchases outside the Promotion Period will not receive the Gift with their purchase.
5.3. As long as the participants purchase one or more of the Products and spend over the relevant Qualifying Amount, they do not need to order any other product on the Website in order to receive the Gift. However, certain delivery charges may apply in addition to the Products.
5.4. Participants may participate in the Promotion multiple times within the Promotion Period provided they purchase, on each occasion, Products at total value equal to or over the Qualifying Amount on one of the Websites.
5.5. The Promoter will not accept responsibility for orders that are lost, regardless of cause, including, for example as a result of any equipment failure, technical malfunction, systems, satellite, network, server, computer hardware or software failure of any kind.
5.6. By participating in the Promotion, all participants will be deemed to have read, accepted and be bound by these Terms and any other requirements set out in the promotional material for the Promotion (in the event of a conflict, the requirements set out in the promotional material will take precedence), as well as all applicable laws and regulations, including without limitation those governing copyright, content, defamation, privacy, publicity and the access or use of others’ computer or communication systems.
5.7. The Promoter accepts no responsibility for the ordered products and the Gift being lost or delayed in the post.
5.8. For help with participating in the Promotion, please visit our Customer Care Help Centre here, where you can find full details of our promotions.6. Eligibility
6.1. The promotion is only available to customers purchasing from the United Kingdom, United States, Canada, Australia, EU (including France, Germany, Italy, Netherlands and Spain)and Hong Kong pages of the www.charlottetilbury.com website.
(a) employees of the Promoter and its associated companies or group companies;
(b) anyone professionally associated with the Promotion;
(c) members of the immediate families or households of (a) and (b) above; or
(d) anyone who is purchasing the Product(s) at a discount, other than members of Charlotte Tilbury Pro.
6.2. The Promoter reserves the right at its sole discretion to disqualify from further participation in the Promotion any individual it has reason to believe is tampering with the operation of the Promotion, or to be acting in any manner deemed by the Promoter to be in violation of these Terms, relevant laws and/or regulations and/or third party rights.7. Limitation of Liability
7.1. The Promoter is not responsible for any damage or loss suffered by any participant where such damage or loss was not, at the time the entry into the Promotion was made, a reasonably foreseeable consequence of a breach of these Terms, or where the Promotion does not run as planned.
7.2. The Promoter will not be held responsible for the failure to fulfil the obligations of third parties involved in this Promotion, although the Promoter will always endeavour to minimise the effect to the participants of any such failure.
7.3. Nothing in these Terms shall operate to exclude the Promoter’s liability:
(a) for death or personal injury as a result of its negligence;
(b) for fraud; or
(c) further than is permitted by law.8. Data Protection and Publicity
9.1. The Promoter reserves the right to hold void, suspend, cancel, or amend the Promotion where it becomes necessary to do so without prior notice.
9.2. The Promoter reserves the right to cancel or amend these Terms at any time without prior notice.
9.3. These Terms shall be governed by English law, and the parties submit to the non-exclusive jurisdiction of the courts of England and Wales.
App End User Agreement
PLEASE READ THESE LICENCE TERMS CAREFULLY
BY CLICKING ON THE "ACCEPT" BUTTON BELOW YOU AGREE TO THESE TERMS WHICH WILL BIND YOU. IF YOU DO NOT AGREE TO THESE TERMS, CLICK ON THE "REJECT" BUTTON BELOW.
WHO WE ARE AND WHAT THIS AGREEMENT DOES
We CHARLOTTE TILBURY BEAUTY LIMITED, a company registered in England and Wales (company registration number is 08037372), whose registered office is at 8 Surrey Street, London, United Kingdom WC2R 2ND (“CTBL”) license you to use: · Charlotte Tilbury mobile application software (“App”) and any updates or supplements to it. · The related online documentation (“Documentation”). · The service you connect to via the App and the content we provide to you through it (Service). as permitted in these terms.
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
GOOGLE PLAY STORE AND APPLE APP STORE TERMS ALSO APPLY
The ways in which you can use the App and Documentation may also be controlled by the Google Play Store Terms of Service and the Apple App Store Terms of Service will apply instead of these terms where there are differences between the two.
OPERATING SYSTEM REQUIREMENTS
This app requires iOS 14.0 or later version or Android 7.0 device or later version.
SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS
Support. If you want to learn more about the App or the Service or have any problems using them please take a look at our support resources at CT.com. Contacting us (including with complaints). If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please email our Customer Care Team at email@example.com or via the contact details linked here. How we will communicate with you. If we have to contact you we will do so by email or using the contact details you have provided to us.
HOW YOU MAY USE THE APP
In return for your agreeing to comply with these terms you may: · download or stream a copy of the App onto and view, use and display the App and the Service on such devices for your personal purposes only. · use any Documentation to support your permitted use of the App and the Service. You agree to use the App only for lawful purposes and in a way which does not infringe the rights of any anyone else or restrict or inhibit anyone else's use and enjoyment of the App. You must be 18 or over to accept these terms and download the App.
YOU MAY NOT TRANSFER THE APP TO SOMEONE ELSE
We are giving you personally the right to use the App and the Service as set out above. You may not otherwise transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
UPDATE TO THE APP AND CHANGES TO THE SERVICE
From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services. The App will always match the description of it provided to you when you downloaded
IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING
If you download or stream the App onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE
By using the App or any of the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware, and peripherals to improve our products and to provide any Services to you.
WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO
The App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any). You will need to make your own independent judgment about whether to use any such independent sites, including whether to buy any products or services offered by them.
You agree that you will: · not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us; · not copy the App, Documentation or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security; · not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms; · not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities: • is not disclosed or communicated without the Licensor's prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and • is not used to create any software that is substantially similar in its expression to the App; • is kept secure; and • is used only for the Permitted Objective; · comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.
ACCEPTABLE USE RESTRICTIONS
You must: · not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system; · not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including by the submission of any material (to the extent that such use is not licensed by these terms); · not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service; · not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and · not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service. INTELLECTUAL PROPERTY RIGHTS All intellectual property rights in the App, the Documentation and the Services throughout the world belong to us (or our licensors) and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these terms. CTBL and its Affiliates (defined below) are the owners or licensees of all present and future copyright, registered and unregistered trademarks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights around the world existing in or in relation to the App ("IPR"). An affiliate is any entity that directly or indirectly controls, is controlled by, or is under common control with another entity ("Affiliates”).
Any avatar animation including but not limited to avatar characters, backgrounds, props, specific animations, movements and voice performances are CTBL and/or its Affiliates IPR.
Unless you have agreed otherwise in writing with CTBL or any of its Affiliates, nothing in these Terms gives you a right to use CTBL’s or any of its Affiliates' trademarks or other IPR of CTBL or any of its Affiliates.
You are not permitted to use any of our intellectual property (including our registered or unregistered trademarks and/or copyright).
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation. We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. Limitations to the App and the Services. The App and the Services are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date. Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service. Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the app store site and in the Documentation) meet your requirements. We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.
WE MAY END YOUR RIGHTS TO USE THE APP AND THE SERVICES IF YOU BREAK THESE TERMS
We may end your rights to use the App and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so. If we end your rights to use the App and Services: · You must stop all activities authorised by these terms, including your use of the App and any Services. · You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this. · We may remotely access your devices and remove the App from them and cease providing you with access to the Services. We do not guarantee that our App, or any content on it, will always be available or be uninterrupted.
WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
NO RIGHTS FOR THIRD PARTIES
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS
These Terms are governed by English law. In the event of any matter or dispute arising out of or in connection with these Terms, you and we shall submit to the exclusive jurisdiction of the English courts.
AMENDMENTS TO THESE LICENSE TERMS
We may update or amend these Terms from time to time to comply with applicable laws or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the App. By continuing to use the App, you agree to be bound by the terms of these updates and amendments.
Please read these Terms carefully before using the Pro Skin Analysis feature. By using the Pro Skin Analysis feature, you will be deemed to have accepted and be bound by these Terms. These Terms prevail in the event of any conflict or inconsistency with any other communications, including advertising or promotional materials. Please also note that the use of the Site is subject to the terms contained in the Site Terms and Conditions of Use, which apply whether or not you use the Pro Skin Analysis feature.
Whilst the Pro Skin Analysis feature is intended to be as accurate as possible, it is designed for general skincare routine recommendations only and does not replace professional advice. Accuracy of the analysis will be affected by variables we do not control, such as lighting and the quality of your camera.
The recommendations, information and comments made through or in connection with the Pro Skin Analysis feature do not replace tailored professional advice and should not be relied upon as medical advice. Always seek the advice of a physician or other qualified healthcare provider for medical advice and any questions regarding a medical condition.
Access to your camera is required to record your image for the Pro Skin Analysis. This works entirely on your device, Charlotte Tilbury does not collect or store your image without your prior consent. The information analysed and outputs of that analysis are used for visualisation (e.g. to show target skin areas on the image) and to provide you with the Pro Skin Analysis service. The information is not used to identify you or verify the identity of any individual.