This web site is provided for your information and entertainment, and we hope you enjoy using it. Please browse the web site and make use of its various features, but please be aware that your use of the web site is subject to the following terms and conditions. If you do not agree to these terms and conditions, please do not use this web site.
1. Ownership and Operation
2. Agreement to Be Bound; Termination
3. User Accounts
4. Auto-replenish
5. Continuing Agreement
6. Ownership and Use of the Service and Site Materials
7. Downloaded Software
8. Mobile Devices
9. Privacy
10. User Code of Conduct
11. User Submissions
12. Voting/Rating Features
13. Contests/Sweepstakes
14. Geographic Scope of Site
15. Links to Other Sites
16. CONTENTS OF THIS SERVICE – DISCLAIMER
17. OPERATION OF THIS SERVICE – DISCLAIMER
18. LIMITATION OF LIABILITY
19. Limitations as to Paragraphs 14, 15 and 16
20. Indemnification
21. Copyright Agent
22. Applicable Law; Jurisdiction
23. Severability
24. No Waiver
25. No Legal Effect
1. Ownership and Operation
This site and its related services and applications (collectively, this "Service") is being offered by Brand, which is a member of the Unilever group of companies (“Brand” or “we”). Brand is a company registered in England and Wales with its registered office at Union House, 182-194 Union Street, London SE1 0LH and company number 09664383.
Brand may, in its sole discretion and at any time, modify, suspend or discontinue this Service or specific portions of it.
2. Agreement to Be Bound; Termination
Your access to and use of this Service constitutes your agreement with Brand to be bound by, and to act in accordance with, these Terms of Use. From time to time, Brand may make available as part of this Service or through another platform, specific features that may require you to download content, software and/or agree to additional terms and conditions, policies and disclaimers. Unless otherwise expressly set forth in such additional terms and conditions, any additional terms or conditions are incorporated by reference into these Terms of Use. If there is a conflict between these Terms of Use and any additional terms and conditions, the additional terms and conditions will control with respect to the specific feature.
You may terminate your use of this Service at any time. Brand may suspend, discontinue or terminate your access to or use of this Service on reasonable notice where practicable, or immediately where reasonably necessary (including (i) if you violate any of the terms contained in these Terms of Use and such breach is material or repeated, or (ii) for operational, legal or security reasons, acting reasonably ).Brand may notify you of any such suspension, discontinuance or termination by posting a notice on this Service, on any webpage opened when using this Service, by email to an email address you provided to Brand upon enrolment or thereafter, or otherwise. Upon your receipt of such notice, you will immediately discontinue use of this Service during the period of suspension (for a suspension) or permanently (for a discontinuance or termination). Upon any discontinuance or termination of your use of this Service, you must uninstall any Software (as defined below) downloaded from this Service and promptly destroy all Materials (as defined below) obtained through this Service, as well as any copies of such Materials. You agree that Brand shall not be liable to you for any suspension, discontinuance, termination, change or modification of your use of or access to this Service, except to the extent such liability cannot be excluded under applicable law.
3. User Accounts
If you register an account on the Service (an "Account"), you:
- must not allow any third party to access the Service using the email address you provided during the registration process ("Log-in ID") and password;
- are prohibited from using anyone else's Log-in ID and password to access the Service;
- are responsible for any use of the Service by any third party who accesses the Service using your Log-in ID and/or password;
- will notify Brand immediately if you suspect any unauthorised use of the Service or of your Log-in ID and/or password; and
- are responsible for ensuring that any information that you provide to Brand as part of the account registration process is accurate and is kept up to date at all times, and you will notify Brand immediately of any changes to this information.
4. Auto-replenish
Where available, auto-replenish allows you to receive products on a recurring basis. By selecting auto-replenish, you authorise us to charge you at the applicable rate and frequency until you cancel. You may cancel at any time through your account. Nothing in this clause affects your statutory rights under applicable law, including the Consumer Rights Act 2015 and the Consumer Contracts Regulations 2013.
5. Continuing Agreement
The Brand reserves the right to revise these Terms of Use at any time. In the event of material changes, the Brand will provide users with at least 30 days' notice prior to the changes taking effect. Notice will be given through prominent announcements on the website and, where possible, via email to registered users. Continued use of the site following the notice period will constitute acceptance of the revised terms. Users who do not agree to the changes must cease using the site and may terminate their accounts without penalty.
6. Ownership and Use of the Service and Site Materials
All right, title and interest in and to this Service, including all text, designs, images, videos, graphics, Software and other content and materials on the Service (collectively, "Materials"), are owned by Brand and its licensors. Brand also owns or has a right to use all trademarks, service marks, logos, and trade names used on this Service (collectively, "Trademarks").
Brand grants to you a limited, revocable, non-exclusive, non-sublicensable and otherwise non-transferable licence to access and use this Service (including any Materials) and to download one copy of the Materials on any single computer or device for your own personal, non-commercial home use strictly in accordance with these Terms of Use. Brand may in its sole discretion suspend, discontinue or terminate this licence at any time for any reason.
No part of the Service may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, stored or incorporated into any information retrieval system in any way, except that you may download one copy for your personal, non-commercial home use only, provided you keep intact all copyright, trademark and other proprietary notices on the materials. In addition, you may not rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer this Service or any portion thereof.
You may not use any device, software or routine to interfere or attempt to interfere with the proper working of this Service or any portion thereof and you may not take any action that imposes an unreasonable or disproportionately large burden on this Service, as determined by Brand in its sole discretion.
Any modification of the Materials or use of the Materials for any other purpose is a violation of Brand’s or its licensors' copyright and other proprietary rights. The use of any such Materials on any other service or computer network without Brand’s written consent is strictly prohibited. Your use of the Trademarks in any manner other than as authorised in these Terms of Use, or as authorised in writing by Brand, is strictly prohibited. All rights not expressly granted to you are reserved by Brand or its licensors.
7. Downloaded Software
From time to time Brand may make available as part of the Materials on this Service particular software including files, images and data relating to the software (the "Software"). You do not own the downloaded software, and Brand does not transfer ownership of the Software to you, but merely grants you the limited rights set forth in these Terms of Use. Brand retains full ownership of and title to the downloaded Software and all intellectual property rights in and related to the Software. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form. Software that is downloaded through this Service is subject to UK export control laws. If you download Software from this Service, you represent and warrant to Brand that you are not acting in violation of those laws.
8. Mobile Devices
If permitted or available through the Service, to (a) upload content to the Service via your mobile device and/or tablet, (b) receive and reply to messages, or to access or make posts using text messaging, (c) browse the Service from your mobile device and/or (d) to access certain features through a mobile application you have downloaded and installed on your mobile device (collectively the "Mobile Services"), you must have a mobile communications subscription (or have the consent of the applicable subscriber, to the extent permitted under the applicable subscription) with a participating carrier or otherwise have access to a mobile communications network for which Brand makes the Service available as well as any carrier services necessary to download content, and you must pay any service fees associated with any such access (including text messaging charges for each text message you send and receive on your mobile device). In addition, you must provide all equipment and software necessary to connect to the Service, including, but not limited to, if the Service contains a mobile element, a mobile handset or other mobile access device that is in working order and suitable for use in connection with the Service. You are responsible for ensuring that your equipment and/or software does not disturb or interfere with operations of the Service. Any equipment or software causing interference will be immediately disconnected from the Service and Brand will have the right to immediately terminate this Agreement. If any upgrade in or to the Service requires changes in your equipment or software (including the operating system for your Device), you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Service, including the release of new products and services, will be subject to the terms and conditions of this Agreement.
9. Privacy
For information on how Brand uses and protects the personal information you may provide on this Service, please read the Brand Privacy Policy. The Privacy Policy is incorporated into these Terms of Use and complies with the UK GDPR and Data Protection Act 2018.
10. User Code of Conduct
In using or accessing this Service, you agree, without limitation:
- not to use this Service in breach of these Terms of Use;
- not to use this Service for commercial purposes;
- not to "spam" others or "phish" for others' personal information;
- not to disrupt or interfere with the security of, or otherwise abuse, this Service, or any part this Service;
- not to upload, post or otherwise transmit through or on this Service any viruses or other harmful, disruptive or destructive files;
- not to use, frame or utilise framing techniques to enclose any part of this Service without Brand’s express prior written consent;
- not to use meta tags or any other "hidden text" utilising any Trademark without Brand’s express prior written consent;
- not to "deeplink" to this Service without Brand’s express prior written consent;
- not to create or use a false identity on this Service;
- not to collect or store personal data about others;
- not to attempt to obtain unauthorised access to this Service or portions of this Service that are restricted from general access;
- not to transmit any material that is false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, violates any third party proprietary rights, or is in violation of any law or regulation;
- not to post any copyrighted, trademarked, or other proprietary material unless you own the copyright, trademark, right of publicity and/or other applicable proprietary rights, or you have all necessary rights to do so and to grant the Licensed Parties (as defined below) the rights set forth in these Terms of Use;
- not to use the features of this Service at any website other than a merchant, retail or social networking website as permitted under these Terms of Use. Such restricted websites shall include, without limitation, blogs and other online publications; and
- not to use this Service in breach of any Third Party Site's (as defined below) terms and conditions.
In addition, you agree that you will comply with all Applicable Laws that relate to your use of or activities in connection with this Service. You also agree to act consistent with the requirements set forth in these Terms of Use and the requirements of Brand.
You agree to immediately notify Unilever if you suspect illegal, fraudulent or abusive activity, or any activity in violation of these Terms of Use, including any unauthorised access to your Account. If you so notify Brand, or we otherwise suspect such activity, you agree to cooperate with Brand in any investigation and to use any prevention measures we prescribe.
11. User Submissions
Certain portions of the Service may permit you to submit post, transmit or upload content created by you ("User Submissions"), which may include, without limitation, photographs, information, text, images, graphics, video, comments, suggestions, ideas (including product and advertising ideas), posts to blogs/ social networks/ discussion forums, and communications with other Service users.
In connection with User Submissions, you agree that you will not submit User Submissions that:
- include material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights (including, without limitation, trademark, privacy and publicity rights) unless you are the owner of such rights or have express permission from their rightful owner to post the material and to grant the rights granted herein;
- include any material that by itself, or by its use as permitted in these Terms of Use, infringes upon, misappropriates or violates the rights of any person or entity or any Applicable Laws;
- are unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law or is otherwise inappropriate;
- contain advertisements or solicitations of any funds, goods or services;
- is a communication by a user impersonating another user;
- contains personal information, such as messages which identify telephone numbers, national insurance numbers, account numbers or addresses; or
- could be considered bulk unsolicited communications.
By submitting, transmitting, posting, uploading, modifying or otherwise providing any User Submissions to Brand through this Service, whether solicited or unsolicited, you a grant Brand and the Unilever group of companies and brands, its third-party service providers who provide the Service, and retail partners (collectively, the "Licensed Parties") a royalty-free, fully paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide, sub-licensable, transferable licence to use, reproduce, broadcast, publish, transmit, perform, display, create derivative works from, translate, adapt, modify, distribute, exhibit, disseminate and otherwise exploit (collectively, "Use") such User Submissions for any purpose, including, without limitation, advertising, marketing and promotional purposes, in any media, now or hereafter known, even if these Terms of Use are later modified or terminated.
No compensation shall be due to you for such use of User Submissions unless otherwise required by applicable law. The Licensed Parties also have the right, but not the obligation, to Use your username and, where provided by you, your real name, image, likeness, caption, location information or other identifying information in connection with the permitted use of your User Submissions. You retain ownership of your User Submissions.
By submitting, posting, transmitting or uploading User Submissions through or to the Service, you authorise the Licensed Parties to make copies thereof and retain such User Submissions and copies as reasonably necessary to facilitate the Use of the User Submission.
You represent and warrant that neither the User Submissions, nor the Use of the User Submissions as permitted in these Terms of Use, will infringe upon, misappropriate or violate the intellectual property, privacy, publicity, statutory, contractual, personal or other rights of any person or entity or any Applicable Laws, and that you have obtained all necessary rights, consents and permissions required for the rights granted under this clause.
Although the Licensed Parties are under no obligation to review or monitor User Submissions, the Licensed Parties reserve the right to do so where reasonably necessary for operational, legal, regulatory or security purposes. In addition, the Licensed Parties reserve the right to alter, edit, refuse to post or remove any User Submissions, in whole or in part, where they reasonably believe that such User Submissions breach these Terms of Use, infringe third-party rights, violate applicable law or may expose Brand, users or third parties to harm or liability. Brand also reserves the right to terminate your Account if you materially or repeatedly breach any of these Terms of Use or our policies. You agree that Brand does not have any obligation to use or respond to any User Submissions. The Licensed Parties have no control over whether such User Submissions are of a nature that you might find offensive, distasteful or otherwise unacceptable and, accordingly, the Licensed Parties expressly disclaim any responsibility for User Submissions.
If you believe that any User Submissions infringe your rights or breach these Terms, please contact us at customercare@k18hair.co.uk, providing sufficient detail to allow us to investigate.
Brand reserves the right to suspend or terminate your account where you are in breach of these Terms of Use.
Brand does not guarantee the accuracy, integrity or quality of any User Submissions and accepts no responsibility for them to the extent permitted by law.
Brand will comply with applicable legal obligations in relation to any requests from law enforcement authorities or regulatory bodies.
Brand will fully cooperate with any law enforcement authorities or court order requesting or directing Brand to disclose the identity of anyone posting User Submissions that violate these Terms of Use or any law or regulation. Unilever may also disclose such information if it has a good faith belief that such disclosure is reasonably necessary to protect the rights, property, or personal safety of Unilever, its customers or the public.
12. Voting/Rating Features
For any voting/rating features that are available on this Service, you must follow instructions on this Service to submit your votes/ratings, including any restrictions set forth with respect to limitations on voting/rating. Votes/ratings received from you in excess of any stated limitation will be disqualified. Payment or other consideration in exchange for votes/ratings is prohibited. Votes/ratings generated by script, macro or other automated means or any other means intended to impact the integrity of the voting/rating process as determined by us may be void. Brand assumes no responsibility for incorrect/inaccurate voting/rating information or for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, votes/ratings. Brand may, at its discretion, modify, terminate, or suspend the voting/rating or void any vote/rating should a virus, bug, non-authorised human intervention, action of voter/rater, or other cause corrupt or impair the administration, security, or fairness of the voting/rating. Brand reserves the right, in its sole discretion, to disqualify any individual it finds to be violating these Terms of Use, tampering with the voting/rating process, or acting in an unsportsmanlike or improper manner and void all associated votes/ratings. Brand’s decisions with respect to all aspects of any voting/rating element are final and binding, including, but not limited to, with respect to the tallying of votes/ratings and the invalidation or disqualification of any suspected votes/ratings or voters/raters. You may also be given the opportunity to participate in voting/rating features in a third party application or feature (such as one of our social media partners like Facebook or Twitter), in which case your participation in such features will be subject to the terms and conditions governing that third party application or feature.
13. Contests/Sweepstakes
Any sweepstakes, contests, games and/or promotional offers accessible on this Service are governed by specific rules and/or terms and conditions. By entering a sweepstakes or contest or participating in such games or promotional offers available on this Service, you will be subject to those rules and/or terms and conditions. It is critical that you read the applicable rules and/or terms and conditions, which are linked from the particular page or activity. To the extent of any conflict between those rules and/or terms and conditions and these Terms of Use, the rules and/or terms and conditions for the sweepstakes, game or promotional offer will govern for that programme, but only to the extent of the conflict. Any sweepstakes, contests, games and/or promotional offers made available or advertised on third party sites accessible from this Service (such as those of social media partners like Facebook and Twitter), in addition to being subject to the specific rules and/or terms and conditions applicable to your participation in such feature(s) on this Service, will also be subject to the rules and/or terms and conditions applicable to your participation in such feature(s) on those third party sites.
14. Geographic Scope of Site
Brand controls and operates this Service from within the United Kingdom. Unless otherwise specified on or by this Service, this Service is intended to promote only those Brand products that are sold by Brand in the United Kingdom and its territories and possessions, and Brand makes no representation that materials in this Service or the products described thereby are appropriate or available for use in other locations. All visitors to this Service are responsible for compliance with all local laws applicable to them with respect to the content and operation of this Service.
15. Links to Other Sites
For your convenience and enjoyment, this Service may provide links to other third-party websites on the World Wide Web that are not operated by Brand ("Third Party Site"). Brand has no control over these Third-Party Sites and is not responsible or liable for the availability, security, content, or resources of such Third-Party Sites. Brand may provide such links to Third Party Sites to you only as a convenience, and the inclusion of any link does not imply a referral by Brand to, or an endorsement by Brand of, the linked Third Party Site or any products or services, or other materials on or available from such Third Party Site. Unilever is not responsible for webcasting or any other form of transmission received from any linked Third Party Site. In addition, Brand is not liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of such content, information, products, goods or services available on or through any such Third Party Sites.
If you determine to share any information about any Brand products through a social network platform, including through links provided by Brand through the Service, you may be able to post such information directly to your profile at the social networking platform without leaving the Service. Some social networking platforms enable functionality that allows a user to receive and transmit data to the social networking platform through use of overlays or other technology. Although it may appear that the data is collected by Brand, the data is in fact collected directly by the social networking platform and/or a third-party service provider. Your use of a social network platform to share any information is subject to, and you must comply with, the terms, conditions and restrictions of that social network platform.
16. CONTENTS OF THIS SERVICE – DISCLAIMER
This service and all materials, information, and features made available through it are provided on an “as is” and “as available” basis. We do not guarantee that the service will be uninterrupted, timely, secure, error-free, or free from viruses or other harmful components.
To the extent permitted by applicable law, and except as expressly set out in these Terms of Use, Brand excludes all representations, warranties, conditions and other terms which may otherwise apply to the Service or any content made available through it.
We do not control, endorse, or assume responsibility for any user-generated content submitted, posted, or otherwise made available by users of the service. We are not responsible for any loss or damage arising from such content. However, upon receiving a valid notice identifying content that is harmful, unlawful, infringing, or otherwise in breach of these terms, we will take reasonable steps to investigate and, where appropriate, remove or disable access to the content within a reasonable timeframe.
You are responsible for ensuring that your use of the service is lawful and for keeping your account details secure. If you believe any content on the service breaches your rights or is otherwise unlawful, please notify us promptly at customercare@k18hair.co.uk, providing sufficient information to identify the content and explain the basis of your concern.
17. OPERATION OF THIS SERVICE - DISCLAIMER
Brand endeavours to maintain this Service and its operation using reasonable care and skill, but does not guarantee that the Service will always be free from defects, interruptions or delays.
To the extent permitted by applicable law, and except as expressly set out in these Terms of Use, Brand excludes all representations, warranties, conditions and other terms, whether express or implied, that may otherwise apply to the operation of this Service.
Brand does not warrant that: (i) the operation of this Service will meet your individual requirements; (ii) access to this Service will be uninterrupted, timely, secure or free from defects, errors, viruses or other harmful components; (iii) the results obtained from the use of this Service will always be accurate, complete or reliable; or (iv) defects will always be corrected.
You are responsible for implementing appropriate safeguards, including virus protection and data back-up measures, and for ensuring that your devices and software are suitable for accessing the Service. Nothing in this clause excludes or limits any liability which cannot lawfully be excluded or restricted under applicable law, nor does it affect your statutory rights, including your rights under the Consumer Rights Act 2015.
18. LIMITATION OF LIABILITY
To the extent permitted by applicable law, Brand, its parent companies, subsidiaries and affiliated companies, and each of their respective officers, directors, employees, agents, representatives, licensors, licensees, successors and assigns (collectively, the “Unilever Parties”) shall not be liable for any indirect, incidental, special or consequential loss or damage arising out of or in connection with the use of, or inability to use, the Service or any Materials available on or through the Service.
Subject to applicable law, the Unilever Parties shall not be liable for any loss of profits, loss of business, loss of revenue, loss of goodwill, loss of anticipated savings or any other indirect or consequential loss arising out of or in connection with the use or performance of the Service.
Nothing in this clause shall limit or exclude liability for:
(i) death or personal injury resulting from negligence;
(ii) fraud or fraudulent misrepresentation; or
(iii) any other liability which cannot be limited or excluded under applicable law.
(iv) Nothing in this clause affects your statutory rights, including your rights under the Consumer Rights Act 2015.
19. Limitations as to Paragraphs 14, 15 and 16
To the extent permitted by applicable law, the total liability of the Unilever Parties to you for all losses, damages and causes of action (whether arising in contract, tort (including negligence) or otherwise) arising out of or in connection with your use of this Service shall not exceed the amount paid by you, if any, for accessing or using this Service.
Nothing in this clause shall affect your statutory rights, including your rights under the Consumer Rights Act 2015.
20. Indemnification
You hereby agree to defend, indemnify and hold the Unilever Parties harmless from and against any and all claims, actions or proceedings of any kind and from any and all damages, judgments, losses, liabilities, costs and expenses, including reasonable legal fees and expenses (including any incurred in enforcement of this provision), relating to or arising out of your use of this Service, your User Submissions, your breach or alleged breach of these Terms of Use, including any of your warranties, representations or agreements hereunder, your violation of applicable laws, or your violation of any rights of another person or entity.
21. Copyright Agent
The Copyright, Designs and Patents Act 1988 provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under UK copyright law. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our Copyright Agent with the following information:
(a) an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright or other intellectual property interest;
(b) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located, with enough detail that we may find it;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright or intellectual property owner, its agent, or the law;
(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorised to act on the copyright or intellectual property owner's behalf.
Any notification by a copyright owner or a person authorised to act on its behalf that fails to comply with requirements of the Copyright, Designs and Patents Act 1988 shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident. Our copyright agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
22. Applicable Law; Jurisdiction
These Terms of Use and any disputes arising under or related to these Terms of Use (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of England and Wales. Any legal actions, suits or proceedings arising out of these Terms of Use (whether for breach of contract, tortious conduct or otherwise) will be brought in the courts of England and Wales, and Brand and you hereby submit to the jurisdiction of such courts.
23. Severability
If any provision of these Terms of Use shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
24. No Waiver
No failure on the part of Brand to enforce any part of these Terms of Use shall constitute a waiver of any of Brand’s rights under these Terms of Use whether for past or future actions on the part of any person. Neither the receipt of any funds by Brand nor the reliance of any person on Brand’s actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an authorised representative of Brand shall have any legal effect whatsoever.
25. No Legal Effect
The paragraph titles in these Terms of Use are for convenience only and have no legal or contractual effect.