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terms of use

e.l.f. COSMETICS WEBSITE TERMS OF USE

e.l.f. Cosmetics Website Terms of Use

1.            Introduction

1.1          In these Terms of Use, references to weus or our (or words of similar import)means e.l.f. Cosmetics, Inc. registered in United States of America, whose registered office is at 10 W 33RD St. Room 802, New York, NY, 10001, United States of America.

1.2          In these Terms of Use, references to you means the person accessing and using the Website (as defined below).  If you use this Website on behalf of a company, organisation or other entity, then (i) you includes you and that company, organisation or other entity, and (ii) you represent and warrant that you are authorised to bind the company, organisation or other entity to these Terms of Use, and that you agree to these Terms of Use on behalf of yourself and the company, organisation or other entity. 

1.3          This website, elfcosmetics.co.uk (the Website) is operated by us.  These Terms of Use set out the basis on which you may make use of our Website. By accessing and using our Website, you are indicating your acceptance of these Terms of Use and you agree to comply with them.  If you do not agree to these Terms of Use, you may not use this Website.

1.4          We will use your personal information in accordance with our Privacy Policy.

1.5          We reserve the right to change these Terms of Use from time to time without prior notice by changing them on this Website.  The Terms of Use applicable to your use of our Website will be those in force at the time you access the Website.

2.            Accessing our Website

2.1          We do not guarantee that the Website will operate continuously or without interruptions or be error-free.  You must not attempt to interfere with the proper working of this Website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt this Website or any computer system, server, router or any other internet-connected device associated with this Website.  You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.  You must not attack our Website via a denial-of-service attack, a distributed denial-of service attack or otherwise. 

2.2          You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use this Website and is compatible with this Website. You also understand that we cannot and do not guarantee or promise that any content on this Website (including Material (as defined below)) will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the safety and reliability of data input and output.

2.3          From time to time, we may restrict access to certain features or parts of the Website, or the entire Website. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use.

2.4          We reserve the right, in our discretion, to withdraw, suspend or modify this Website or certain features or parts of this Website with or without notice to you. There may also be times when this Website or certain features or parts of this Website become unavailable, whether on a scheduled or unscheduled basis.  You agree that we will not be liable to you or to any third party for any withdrawal, suspension, modification, unavailability, inaccessibility or discontinuance of this Website or any service available on or through this Website.

3.            Using our Website

3.1          You must not use this Website for any activities that breach any laws, infringe any person's rights, or breach any standards, content requirements or codes published by any relevant authority.  You must use this Website and the information available from this Website responsibly. You must not use this Website or the information available from this Website for or in connection with any unlawful, immoral or anti-social purpose, or in a manner which is or may be damaging to our name or reputation.

3.2          You must not use this Website in any way that interferes with our systems, other users or harasses, menaces or harms anyone.

3.3          You must not use this Website to make any speculative, false or fraudulent orders.

4.            Intellectual property rights

4.1          This Website consists of images, illustrations, graphics, video sequences, sounds, text, photographs, tools (including calculators), formats and styles of presentation, software (including HTML code) and material analogous to it, and other content (collectively, Material).  All copyright, moral ownership and other intellectual property rights in the Website and the Material (and derivatives of it) are either owned exclusively by or are licensed to us or one of our affiliates. 

4.2          Except as expressly set out in these Terms of Use, nothing in these Terms of Use shall give you any rights in respect of any intellectual property owned by us, our affiliates or our licensors.  You must not assert or attempt to obtain any such rights.

4.3          You acknowledge our (and our affiliates') rights to the Material. Save as provided elsewhere in these Terms of Use, you must not use, copy, reproduce, modify, manipulate, transmit, distribute, perform, publish, display, participate in the transfer or sale of, license or create derivative works from, or in any way exploit, Material accessed through this Website.  Where copying or transmission is expressly permitted, you must display an appropriate author attribution or copyright notice.

4.4          You may use, and download and print extracts from, this Website for your own personal use only to the extent necessary to utilise the Website and the services offered through it. No right, title or interest in any downloaded Material is transferred to you. You may not make any other use of Material on this Website. Except as expressly set out in these Terms of Use, you are not allowed to copy (whether by printing onto paper, storing on disk or any other way), scrape, distribute (including distributing copies), tamper with or alter in any way or otherwise use any Material contained in this Website.

4.5          Except as expressly set out in these Terms of Use, you are not allowed to copy or use any Material on this Website for any commercial purpose.

4.6          You are not allowed to remove any copyright, trade mark or other intellectual property notices or watermark contained in the original Material or from any Material copied or printed from the Website.

4.7          The rights granted to you under these Terms of Use shall terminate immediately upon your breach of any of these Terms of Use, and you must (at our option) return or destroy any copies of the Materials you have made.

4.8          This Website also contains certain of our (or an affiliated company's) trade marks (whether granted or applied for), graphics, logos and service names (collectively, Devices). The Devices are owned exclusively by us or the affiliated company and may not be copied or reproduced in any format (save as expressly provided elsewhere in these Terms of Use), or used in connection with any product or service without our prior written consent. All other trade marks not owned by us or our affiliated companies that appear on this Website are the property of their respective owners, who may not be affiliated with, connected to, or sponsored by us or our affiliated companies and you must not use those trade marks without the permission of the respective owners.

5.            Accuracy of information

5.1          This Website is updated regularly, and content may change without notice. We are under no obligation to keep the Material up to date, and you acknowledge that it may be out of date at any given time.  Material on the Website is not intended to amount to advice or authority on which reliance should be placed. We make no promise and give no assurance that any information is accurate, complete or up to date.  To the extent permitted by law, we accept no liability or responsibility for any loss, damage or injury arising as a consequence of any reliance placed upon the Material, whether by a visitor to the Website or by anyone who may be informed of its contents.

6.            Links to and from this Website

6.1          We may from time to time establish links to the websites of other e.l.f. Cosmetics, Inc. group companies from this Website.  Your use of those websites is subject to the terms of use and policies available on those websites.

6.2          From time to time we may also establish relationships with third parties that will enable you to access the websites of such third parties directly from our Website. Where this Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility or liability for them or for any loss or damage that may arise from your use of them.  The inclusion of these hyperlinks does not imply any endorsement of the material on such sites or any association with their operators.

6.3          You may not link from another internet site to any page on this Website without our prior written consent and after entering into such agreement as we may require.  We are not responsible for external websites that link to this Website.

7.            Liability

7.1          In your use of our Website, to the extent not prohibited by law, we accept no liability for any:

7.1.1            loss which is not foreseeable (loss is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you started to use our Website);

7.1.2            loss which arises when we are not at fault or in breach of these Terms of Use; and

7.1.3            business loss (which includes loss of profits, loss of business, contracts, goodwill, business opportunity and other similar losses).

7.2          If you are acting as a consumer, you may have certain legal rights regarding claims in respect of losses caused by our negligence or failure to carry out our obligations. Nothing in these Terms of Use is intended to limit your legal rights as a consumer. For further information about your legal rights you can contact your local authority Trading Standards Department or Citizens Advice Bureau.

7.3          We will not be liable to you where performance of any of our obligations is prevented or restricted by any circumstance or cause beyond our reasonable control.

7.4          Nothing in these Terms of Use excludes or limits our liability for (i) death or personal injury caused by our negligence, (ii) fraud or fraudulent misrepresentation, and (iii) any other liability that cannot be excluded or limited under applicable law.

8.            Contacting us

8.1          To contact us (including to discuss any complaint), you may contact us by email help@elfcosmetics.co.uk

8.2          Any formal legal notices should be sent to e.l.f. Cosmetics, Inc. and our registered office is at 10 W 33RD St Room 802, New York, NY, 10001, United States of America.

9.            Other important terms

9.1          Failure by us to enforce a right does not result in waiver of such right.

9.2          Each of the provisions of these Terms of Use operates separately. If any provision (or part of any provision) (including any terms in which we exclude or limit our liability to you) is found to be invalid, illegal or unenforceable: (i) that provision (or part-provision) will, to the extent required, be excluded from forming part of these Terms of Use; and (ii) the remaining provisions will be unaffected and will remain in full force and effect.

9.3          You may not assign or transfer your rights or obligations under these Terms of Use.

9.4          Except as expressly stated, a person who is not a party to these Terms of Use shall not have any rights under or in connection with these Terms of Use by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.

9.5          Subject to clause 9.6, you and we agree that these Terms of Use will be governed by the law of England and Wales and that any dispute between you and us arising out of or in connection with these Terms of Use (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.

9.6          Regardless of clause 9.5, you and we agree that if you are a resident in a part of the United Kingdom other than England and Wales, the law of that part of the United Kingdom will apply to these Website Terms of Use and any dispute between you and us arising out of or in connection with these Website Terms of Use (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts located there.

9.7          These Terms of Use were last updated on 15 September 2015.

e.l.f. Beauty Squad Loyalty Program Terms and Conditions

 

These terms set out the basis on which the e.l.f. Beauty Squad Loyalty Program is run.  Please read these carefully as they affect your rights and liabilities under the law.  If you do not agree to these terms and conditions please do not register for the e.l.f. Beauty Squad Loyalty Program.  If you have any questions on the terms and conditions, please contact help@elfcosmetics.co.uk.

1.            membership

Membership is open to all UK residents aged 18 years or over. Membership in the program is voluntary and you do not need to join to purchase products at elfcosmetics.co.uk or at any retail locations.  The program is available to individuals for their personal use only and is limited to one account per person.  Companies, associations and other groups are not eligible to join the program.  Employees of e.l.f. and their families are not eligible to join the program.

2.            membership enrolment

2.1         To enrol in the program please visit elfcosmetics.co.uk and follow the prompts to register.  You will be required to provide your full name, email address and date of birth and to create a password.  Once you have provided this information you will be enrolled in the program.

2.2         Fraudulent, incomplete or incorrectly completed registration forms will not be accepted.  You will not be able to benefit from the loyalty program unless the registration form has been correctly completed and you have created your account.

3.            how to participate

3.1         You will earn Beauty Squad points (Points) for every pound you spend on each on-line transaction excluding taxes, delivery charges, returns, refunds and items purchased with a gift card or any rewards or other awards (Qualifying Purchases).

3.2         e.l.f. may also at its sole discretion award additional points in connection with particular transactions, promotions, and actions (for example, 2x points or posting a message on a social media channel which will be notified to you in advance by a website message.

3.3         To make Qualifying Purchases you must be signed in to your member account at the time of purchase, using the email address you registered with for the program.

3.4         You will earn Points and reach program loyalty tiers (Tiers) by making Qualifying Purchases or taking other program actions.  Once your points reach a certain Tier you will be eligible for the rewards applicable to that Tier.  Additional Qualifying Purchases and other opportunities to earn Points and to reach Tiers will be posted on the website or published through other media, including direct notification to you.

3.5         Please see our FAQs at http://www.elfcosmetics.co.uk/pages/faqs to learn more about earning Points and reaching Tiers.

3.6         If you return items from a Qualifying Purchase the relevant number of points will be automatically deducted from your account balance. 

4.            points

4.1         Points have no cash value, are non-negotiable and non-transferable and cannot be redeemed either in whole or part for cash.  Only the member paying for products may accumulate points or rewards.  Points cannot be transferred to another card holder.  Points earned cannot be redeemed until after 24 hours from the time and date of award.

4.2         If you do not make any Qualifying Purchases or earn or redeem any Points within a 12 month period from the date that your membership commenced, then your points will expire. However, provided that you make a Purchase and earn or redeem Points in that 12 month period, then your Points will continue to accumulate and will not expire until a further 12 month period has elapsed.

For example, if you become a member of the program in August 2017, then you have until August 2018 in which to make Qualifying Purchases or take other relevant actions i.e. earn or redeem Points.  Provided that you take an action within this period, then your Points will not expire until August 2019.

5.            rewards and redemptions

5.1         The number of points necessary to earn a reward or a tier is determined by e.l.f. in its sole discretion and may be changed without notice to you.

5.2         To redeem your points sign in to your on-line account when purchasing products on-line.

5.3         Points used to redeem a reward will be deducted from the total points available in your membership account. 

5.4         Points cannot be used towards purchases of e.l.f. gift cards, charitable items, promotions, or to contribute to VAT or other taxes or delivery charges.

5.5         Points cannot be combined or transferred to any other account.

5.6         e.l.f. reserves the right to change rewards, how Points are earned and redeemed, how to reach each program Tier and how we reward your Qualifying Purchases and other activities.

5.7         e.l.f. reserves the right to limit the number of purchases or activities that are eligible for Points or for any given Tier, the number or types of rewards you may earn for reaching any given Tier or in a given time period or for the duration of the program.

5.8         Rewards can only be redeemed via the website unless expressly authorised by e.l.f.

6.            Communication – Beauty Squad Loyalty Program

6.1         As a member of the Beauty Squad Loyalty Program you will periodically receive e-mails from e.l.f. Beauty Squad.  E mails will be sent to you as they relate to your membership of the program. Examples include an e-mail confirming your points balance or offers connected to your membership of the Beauty Squad Program, welcome email, a Beauty Squad rewards confirmation email and a monthly points balance email.

6.2         [You can opt-out of receiving the communications described in clause 6.1 by clicking the unsubscribe link in the bottom of your email communication. Please note that by opting out of the communications described at clause 6.1, we will not be able to send you any e-mails concerning your membership in the Beauty Squad Loyalty Program including offers connected to your membership. You will be able to find out information regarding your membership of the Beauty Squad Loyalty Program by logging into your account (https://www.elfcosmetics.co.uk/Account). You can also update your email preferences at any time here: <http://link.elfcosmetics.com/manage/3gn/oc?message_id=9497285.00000001&hash=56339ae9>

 

7.            communication – General marketing

7.1         During the enrolment process you may opt-in to receive marketing communications, which contain information about our products, services, promotions and offers that may be of interest to you. The communications described in the preceding sentence do not relate to your membership in the Beauty Squad Program.

7.2         If you opt-in to receive marketing communications but at any time you no longer wish to receive the communications described at section 7.1 you can opt-out of receiving these communications by following the instructions contained in the messages you receive. You can also update your email preferences at any time here (http://link.elfcosmetics.com/manage/3gn/oc?message_id=9497285.00000001&hash=56339ae9).

 

8.            liability

8.1         You agree to compensate us fully for any claims, liabilities, losses or costs in connection with a claim or legal action made or threatened against us by someone else due to your breach of this agreement

8.2         Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for:

8.2.1           losses that:

(a)     were not foreseeable to you or us when you registered for the e.l.f. Beauty Squad Loyalty Program; or

(b)     that were not caused by any breach on our part;

8.2.2           business losses; and

8.2.3           losses to companies, associations and other groups,

arising under or in connection with this agreement.

8.3         As the program is for consumer use only, you have certain statutory rights as a consumer. These statutory rights are not, and will not, be affected by any statement contained in these Terms (and in particular, any provision which has the effect of limiting our liability to you). Advice about your legal rights is available from your local Citizens Advice Bureau or Trading Standards office.

9.            general

9.1         e.l.f. reserves the right to change the terms of the program without prior notice.  All changes will be published on the website elfcosmetics.co.uk. 

9.2         e.l.f. reserves the right to cancel the program provided the member is notified in writing by email no later than 30 days prior to the cancellation date.

9.3         Membership is not transferable and can only be used by the membership holder.

9.4         We reserve the right to immediately suspend or cancel your membership without notice to you:

9.4.1           In the event that we believe you are in breach of any of these Terms

9.4.2           If in our reasonable opinion, you are involved in fraudulent or unauthorised use of the Progam (this includes providing any false customer registration details).

If this occurs, the Points obtained and Tier level achieved will also be cancelled.

9.5         These terms and conditions, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including any non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.  The Courts of England and Wales shall have exclusive jurisdiction over any dispute or claim arising out of or in connection with these terms. 

9.6         The Promoter of the e.l.f. Beauty Squad Loyalty Program is e.l.f. Cosmetics, Inc, 570 10th Street, 3rd Floor, Oakland, California, United States of America.