This page tells you information about us and the legal terms and conditions (“Terms”) on which the various products (“Products”) listed on our website and any associated digital platform which may be released by us from time to time (the “Website”) are offered for sale to you.
For ease of reading, we have divided these Terms into several sections:
• Contract parties
• How to contact us
• Delivery & insurance
• Right of return, refund or cancellation
• Our liability
• How we may use your personal information
• Events outside our control
• Other important terms
• Cancellation Form
These Terms will apply to any contract for the sale of Products which you enter into using the Website to you (each a “Contract”). Please read these Terms carefully before ordering any Products from the Website. By placing an order on the Website you agree to be bound by these Terms, as well as any general terms and conditions of use, which may be published on the Website from time to time.
Please be aware that these Terms apply to all purchases of Products which you make using the Website – this includes where you buy Products from the main MyBeautyBrand store and where you buy products from curated storefronts produced by individual users (“Storefronts”). As such, where these Terms talk about the Website, you should understand that as meaning all parts of the Website including both MyBeautyBrand’s pages and Storefronts designed by individual users.
Every time you wish to order a Product, please check these Terms as we may have made changes to them since your last order and the Terms in force at the date of each order will apply.
“We”, “us”, “our” are MyBeautyBrand PLC a company registered in England and Wales under company number 09913395 with our registered office at Mutual House, 70 Conduit Street, London England, W1S 2GF.
“You” “your” are the person who buys or agrees to buy Products on the Website from us.
HOW TO CONTACT US
When we refer, in these Terms, to "in writing", this will include e-mail.
If you have any questions or complaints about the Products or these Terms these should be sent to us at firstname.lastname@example.org or by mail at MyBeautyBrand PLC Mutual House, 70 Conduit Street, London, England, W1S 2GF. If we have to contact you we may do so by telephone, or by writing to you at the e-mail address or postal address you provided to us in your order and/or at the time that you registered to use the Website.
How we will accept your order
By placing an order you are offering to purchase a Product in accordance with these Terms. After you place an order for a Product, you will receive an e-mail from us acknowledging and confirming your order. At which point a binding contract will come into existence between you and us. We recommend that you print a copy of that order confirmation for your records, as well as a copy of these Terms.
If we cannot accept your order
If we are unable to accept your order, for example because that Product is not in stock or no longer available, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Product, we will refund you the full amount including any delivery charges, as soon as possible.
We reserve the right to limit quantities purchased per person, per household or per order and to cancel or refuse orders that exceed such limits.
Your order number
We will assign an order number to your order and tell you what it is when your order is accepted. It will help us if you can tell us the order number whenever you contact us about your order.
You must be 18
To place an order, you must be above the age of 18. If you are younger than 18, we ask that you to let a parent or legal guardian place your order. If it comes to our attention that an order has been made by a person under the age of 18, we reserve the right to decline it.
Products may vary slightly from their pictures on the Website
Whilst we have made every effort to display as accurately as possible, the colours and images of our Products that appear on the Website the images 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. Your Products may vary slightly from those images.
Product packaging may vary
The packaging of the Products may vary from that shown in images on the Website.
Prices on the Website
The price of Products will always be shown to you before you submit your order. Prices for Products may change from time to time but changes, other than where mispricing has occurred, will not affect any order which we have accepted by e-mail.
What happens if the price is wrong
It is always possible that, despite our best efforts, some Products may be incorrectly priced on the Website. We will normally check prices before accepting your order. If a Product’s correct price at your order date is higher than the price stated to you, we will contact you for instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as mispricing, we may end the contract, refund you any sums you have paid and require the return of any such goods provided to you.
You accept that if you purchase goods to be delivered to an address outside of the UK that your order may attract import taxes and/or other analogous levies and taxes. Where this is the case you will be responsible for paying those sums and accept that your order may be held by your local customs authority until such sums are paid. My BeautyBrandPLC will supply a VAT receipt upon request. Please email us at email@example.com with your request.
When will payment be taken
Full payment is required at the time your order is placed. You can pay through our payment processor or any other payment methods which we may add to the Website from time to time. Your use of any payment services to purchase Products will be subject to the terms and conditions of the applicable payment processor.
You agree to provide current, complete and accurate purchase and account information for all purchases made on the Website. You agree to promptly update your account and other information, including your e-mail address and credit card numbers and expiration dates, so that we can complete your transaction and contact you as needed. You expressly agree that we are not responsible for any loss or damage arising from the submission of false or inaccurate information.
We use standard internet encryption technology to provide you with the maximum practicable level of security.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of purchases.
DELIVERY & INSURANCE
Shipping is by a global recognised and insured courier - either FedEx (Priority) or DPD (Next Day).
When will you get your Products?
During the order process we will let you know when we aim to provide the Products to you.
Please note these estimates exclude weekends and bank/public holidays. Any dates provided to you by us are simply estimates given in good faith based on the shipping method selected. For the avoidance of doubt such dates are only approximations and we are not bound by them. We accept no liability for any delay in the delivery of the Products.
Signature required on delivery
A signature may be required for release of the Products to you at the delivery address you gave us (in particular if the value of your order is high, or your order contains products with high individual prices). If our delivery agent is unable to deliver to you because you are not present when the goods are delivered and if you do not follow their instructions to rearrange for delivery then we may end the contract with you and cancel your order. Where this occurs we reserve the right to charge you for costs that we have incurred attempting to deliver the products to you.
Your Product will be fully insured during delivery
A Product will be your responsibility from the time we deliver it to the address you gave us or it is otherwise collected or delivered in accordance with your instructions to the relevant postal service and/or carrier selected. This does not affect your statutory rights to cancel your order but please bear in mind that you will be responsible for any damage that you do to goods once they are in your possession.
We are unable to deliver to PO Box numbers, BFPO addresses, mail-forwarding addresses and temporary residence addresses. This is to ensure the safe and undamaged delivery of your Product(s).
YOUR RIGHTS TO RETURN PRODUCTS
CHANGING YOUR MIND
Your right to return Products if you change your mind
You have the right to return purchased Products for a refund within fourteen (14) days of you receiving the Products for any reason. The Products must be returned unused, sealed and in their original packaging.
When you don't have the right to change your mind.
Please note that, because of the nature of the Products we sell, that you do not have a right to change your mind and return products in the way described above if the relevant products are unsealed. For hygiene reasons we cannot accept returns of unsealed cosmetics products unless they are faulty.
Our return process
Please contact firstname.lastname@example.org to return Products and state the reason for your return. You must enclose a copy of your proof of purchase with your returned Product. We will refund your product as quickly as possible to your original payment method. Please note you will need to email us at email@example.com if your original payment method has expired to make alternate arrangements. We will process your refund within 5 days of receipt. Your bank or credit card company may take 4-7 business days to credit your account.
We have the right to withhold or reduce any refund on Products that have already been worn and/or which have been damaged or otherwise diminished in value.
How to return products
If you change your mind after products have been dispatched to you or you have received them and you elect to cancel your order as described above, you must return the products to us. You can return the products, within 14 days telling us you wish to exercise your right to return using the link to the returns center in the confirmation email you were sent to the email address you provided, when you made your order; you will need your order number and Postcode.
We offer one free return per order; you will be responsible for paying the cost of postage if you choose to return Products to us after your initial free return. For further details of how to return items to us will be sent to you in the e-mail confirming your order.
Please note that we will not make any refund to you until we have received the relevant Products from you and confirmed that they have not been damaged or used.
Your right to cancel or make changes to the order
You may cancel a contract at any time within 14 days, beginning on the day after you received the Product(s). If you cancel the contract after the Product(s) have been dispatched to you or you have received them, you must return them to us. You will receive a full refund of the price paid for the Product(s), but not the cost of delivery. You will be responsible for the full cost of the Product(s) if they are lost or stolen during their return journey to us, so we recommend that you use a tracked delivery service which is insured appropriately. You may not return products which were sealed for health protection or hygiene purposes, if they have been unsealed after receipt by you (such as lipsticks or cosmetics).
To cancel a Contract you must fill out the Cancellation Form at the end of these Terms. You must complete and return this form to us, either by e-mail to firstname.lastname@example.org, or return by mail to My Beauty Brand PLC, Mutual House, 70 Conduit Street, London, England, W1S 2GF.
Once we receive your Cancellation Form we will send you a notification for your records, you may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation form by e-mail or by post, then your cancellation will be effective from the date you sent us the e-mail or posted the form to us.
If you wish to make changes to the Products you ordered you have up until the point of labelling to make any changes. You can see the stages of your order on your tracking link displayed on your confirmation email. If you have any questions on making any changes to your order, please email email@example.com and we will get back to you within 48 hours.
This provision does not affect your statutory rights as a consumer (see section below, “Your right to return Products that are faulty or not as described”).
Your right to return Products that are faulty or not as described.
If your Products are faulty or not as described, you have a right to cancel your order and get the Products replaced or receive a full refund if you notify us within the cancellation period. The cancellation period for faulty products starts from the date of the e-mail from us to you confirming your order and ends 30 days after the day you actually receive the Product.
Alternatively, if your product is faulty or not as described and a period of more than 30 days and less than six months has elapsed, then you are entitled to request a replacement or a repair. If your Products cannot be repaired or replaced by us then you are entitled to request a refund within six months from the date that you received the Products.
We reserve the right to reject refund requests which relate to goods which have been damaged by customers while being used or not correctly cared for. If you are entitled to receive a refund in this way you are also entitled to refund of the price you paid for the Products and any standard delivery charges that you paid for them (which excludes the cost of any expedited or special delivery that you may have opted for). You will also be provided with a refund for any reasonable shipping charges you may incur by returning the faulty products to us.
If you are entitled to and request a refund, we will process this as soon as possible after receiving the returned faulty product from you and confirming the reported fault and, in any case, within 30 calendar days of the day of receiving it and making that confirmation.
We are responsible to you for foreseeable loss and damage caused by us
if we fail to comply with these Terms, we are responsible for loss or damage you suffer that we could have foreseen because the loss or damage was an obvious consequence of our failure to comply with these Terms or our negligence or if they were contemplated by you and us at the time we entered into the Contract. We are not responsible for any loss or damage that we could not have foreseen.
We are not liable for business loss
. We only supply products for domestic and private use. We shall have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. We also expressly exclude any liability for any loss or damage which may be incurred by you as a result of your breach of these Terms.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so
We do not in any way exclude or limit our liability for death or personal injury caused by our negligence; or fraud or fraudulent misrepresentation; or any other liability which may not be limited or excluded under applicable law. Any statutory warranties to which you are entitled as a consumer (including, for example, that any service is carried out with reasonable skill and care, and any Products provided are of satisfactory quality) are unaffected by these Terms.
Our total aggregate liability in respect of any and all claims that you may bring against us in connection with Contracts and/or any use by you of the Website or Products shall be no more than the total of twice the value of the affected Product(s).
You accept that these limitations of liability shall also apply to any and all claims which you may make against any user which creates, designs or operates a Storefront in respect of the matters specified in these Terms and their subject matter (howsoever those claims arise).
Website Terms and Conditions
THESE TERMS AND CONDITIONS APPLY TO ALL USE OF THE WEBSITE. IF YOU PROCEED TO USE THE WEBSITE, YOU WILL BE DEEMED TO HAVE ACCEPTED THE TERMS AND CONDITIONS AND WILL BE BOUND BY ITS TERMS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.
These terms and conditions (the “Terms and Conditions”) (together with the various documents referred to in them) sets out the terms on which you may make use of our website www.mybeautybrand.com (the “Website”). Use of the Website includes accessing it, perusing it, or using any of the functionality offered via it.
Please read these Terms and Conditions carefully before you start to use the Website as they represent a binding legal agreement and you will be bound by them. If you do not agree to these Terms and Conditions, you must not use the Website.
You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of the Terms and Conditions, and that they comply with them.
Other applicable policies
The following additional terms and policies also apply to your use of the Website:
Our Terms of Sale, which will govern any purchases that you may make via the Website.
Our Storefront Terms, which set out the terms of our relationship which you must follow if you set up a Storefront on the Website.
Our Privacy Notice, which sets out the terms on which we process any personal data we collect from you, or that you provide to us.
Our Cookies Policy, which sets out information about the cookies on the Website.
How you may use material on our Website
We are the owners and/or the licensees of all intellectual property rights inherent in the Website, and in the material published on it including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software. Unless specifically stated otherwise, nothing in these terms or on the Website shall give effect to any transfer of such intellectual property rights from us to you.
Unless otherwise permitted by the Storefront Terms, your sole right to use the intellectual property inherent in the Website is a non-exclusive licence to make use of such content only as is strictly necessary to enable you to access the Website and to peruse its contents.
You may print off one copy, and may download extracts, of any page(s) from the Website for your personal use and you may draw the attention of others within your organisation to content posted on the Website.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on the Website
must always be acknowledged.
You must not use any part of the content on the Website for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of the Website in breach of these Terms and Conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
How we may use your personal information
We will use your personal information as set out in our Privacy Notice.
Uploading content to our Website
Whenever you make use of a feature that allows you to upload content to our Website, or to make contact with us or other users of the Website, you must comply with the following standards:
• any information or content you submit is up-to-date, accurate and truthful;
• not to submit information or content that is unlawful or otherwise objectionable including, but not limited to, content that is defamatory, abusive, offensive, racist, sexist, homophobic, threatening, vulgar, obscene, hateful, content which promotes or incites violence, is otherwise inappropriate or will constitute a criminal offence or give rise to civil liability;
• not to use this Website to advertise or offer to sell any goods or services for any commercial purpose unrelated to My Beauty Brand, or to promote any surveys, contests or chain letters;
• not to post or make available any material which is protected by copyright, trade mark or other proprietary right on this Website without the express permission of the owner of the copyright, trade mark or any other proprietary right and you will be solely liable for any damages resulting from any infringement of the above. If you believe that any materials on this Website infringe your copyright or trademark, you may request that they be removed. This request must be emailed with your name, address and telephone number along with any supporting information.
Any content you upload to our Website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you grant us and other users of our Website an irrevocable, perpetual, royalty-free, transferable, sub-licensable licence to use, store, reproduce, redesign, modify and copy that content and to distribute and make it available to third parties via any media or format without your approval and without notice to you.
We also have the right to disclose your identity to any third party for any reason, including where, without limitation, a third party is claiming that any content posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy, or is in breach of these Terms and Conditions.
You are solely responsible for securing and backing up your content.
Limitation of our liability
Nothing in these Terms and Conditions excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website or any content on it, whether express or implied.
We will not be liable, under any circumstances, for the following types of loss or damage whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable:
loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation;
• loss or damage to data; or
• any indirect or consequential loss or damage.
You accept and acknowledge that we are not responsible for nor are we liable for any loss or damage whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
• your use, or inability to use, the Website;
• the accuracy, veracity or reliability of any content, opinion, advice or statement made or provided via this Website;
• all activities that occur under your computer or device;
• your use of any third-party websites or links in the Website;
• our disclosure of any information you submit to us; and
• our use of any information you submit to us.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content from it, or from any Website linked to it.
Third-party website links & resources in the Website
Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only.
We have no control over the contents of those sites or resources. Use of such sites shall not be subject to their terms and conditions.
We assume no responsibility for the content of websites linked to from the Website. We wil not be liable for any loss or damage that may arise from your use of them.
MYBEAUTYBRAND – STOREFRONT AGREEMENT
BEFORE YOU REGISTER TO CREATE A STOREFRONT ON THE MY BEAUTY BRAND WEBSITE, PLEASE READ THIS DOCUMENT CAREFULLY. THIS DOCUMENT IS A BINDING LEGAL AGREEMENT AND IT CONTAINS IMPORTANT TERMS THAT RELATE TO HOW STOREFRONTS ARE TO BE OPERATED AND HOW YOU WILL BE REWARDED IF YOUR STOREFRONT IS SUCCESSFUL. IF YOU PROCEED TO CREATE A STOREFRONT YOU WILL BE DEEMED TO HAVE ACCEPTED THESE TERMS AND WILL BE BOUND BY ITS TERMS, SO PLEASE TAKE TIME TO READ THEM CAREFULLY AND IN FULL.
IMPORTANT WORDS AND DEFINITIONS
In this Agreement, the following words have the following meanings:
“Account” means a user account which is individual to you, which is created for the purpose of becoming a User of the Website and curating a Storefront.
“Agreement” means these terms and conditions.
“Commission” means the commission which may be paid to you for qualifying sales which are made to customers who use your Storefront to make purchases of Products.
“Community Guidelines” means any codes of conduct which Users must follow when using the Website and operating Storefronts, which may be published on the Website from time to time.
“Content” means any text, software, scripts, graphics, photos, sounds, music, videos, audio-visuals combinations, interactive features and other materials you may view on or access through the Website, including User Content.
“Data Protection Legislation” means for such time as they are in force in England and Wales, all legislation which relates to the protection of individuals’ rights in their personal data and the protection of their privacy, including the DPA, GDPR, PECR and all such legislation as may supplement, amend or replace them from time to time.
“DPA” means the Data Protection Act 2018 and all subordinate legislation to it.
“GDPR” means Regulation (EU) 2016/679.
“Intellectual Property Rights” means patents, trademarks, and service marks, rights in design, trade or business names or signs or domain names, copyrights (including without limitation rights in computer software, databases and websites), database rights, rights in confidential information (including without limitation know how and trade secrets), moral rights (and the benefit of any and all waivers thereof), rental and lending rights, topography rights (whether or not any of these is registered and including applications for registration of any such thin) and all rights or forms of protection of a similar nature or having equivalent or similar effect to any of these which may subsist at any time anywhere in the world and all rights of action and goodwill arising at any
time in relation thereto.
“MBB” means My Beauty Brand PLC, a company registered in England and Wales with number 09913395.
“PECR” means the Privacy and Electronic Communications (EC Directive) Regulations 2003.
“Personal Data” has the meaning set out in the Data Protection Legislation.
“Products” means cosmetic products created by MBB and offered for sale via the Website.
“Services” means the services that we provide through the Website, including the fulfilment of orders of Products placed via Storefronts.
“Storefront” means an individual store page on the Website which is curated by an individual User and via which MBB products are offered for sale to visitors to the Website.
“User” means an individual who registers an account to use the Website; and terms such as “Users” shall be
“User Content” means Content which a User contributes, submits, uploads, publishes or otherwise make available via the Website; which includes Content which is uploaded to otherwise featured on a Storefront.
“Website” means the My Beauty Brand website hosted at www.mybeautybrand.com.
Where this Agreement refers to “you” or “your” it means the individual accepting this agreement; where it refers to “us”, “our” or “we” it means MBB.
1.1. Users who operate Storefronts may be shareholders of My Beauty Brand PLC. Where that is the case, any entitlement or benefit that their status as shareholders confers on them will be dealt with pursuant to the terms of a separate agreement.
1.2. We may change the terms of this Agreement at any time without notice. Any such changes shall take effect on the next occasion that you make use of the Website. Any such new terms may be displayed on-screen when you next use the Website and you may be required to read and accept them in order to continue your use of the Website.
1.4. Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.
2. YOUR ACCOUNT
2.1. In order to create a Storefront, you must register and create an Account with us using the Website. You agree that you will be solely responsible for all activity that occurs under your Account and on your Storefront, and you agree to maintain the security and secrecy of your Account username and password at all times.
2.2. You confirm that the information you provide when creating your Account is accurate and complete, and that you will update it as and when your information changes.
2.3. You must notify MBB immediately of any breach of security or unauthorised use of your Account that you become aware of.
2.4. By setting up an Account you confirm that you are at least 16 years of age.
3. YOUR STOREFRONT
3.1. Where you create a Storefront you recognise that it will serve as a store for Products. All orders will be fulfilled directly by MBB, as will all returns. Sales will be made subject to our standard Terms of Sale and you must not make any representation that Products sold via your Storefront will be sold on any other
3.2. Where visitors to the Website make purchases of Products via your Storefront you may be eligible to be paid a Commission. Our Commission Schedule sets out the rate of Commission that is payable to Users, and the value of the Commission that is payable will vary depending on the value of the Products that are sold.
3.3. If you receive a Commission from MBB you acknowledge that you will be solely responsible for paying any tax which may be due to any authority in respect of the Commission that you receive.
3.4. When you create and update your Storefront you will upload User Content. You agree that we shall have a worldwide, perpetual, irrevocable licence to use all Intellectual Property Rights inherent in any User Content for any reason, including featuring it on other parts of the Website and/or to promote MBB
3.5. All of the User Content that you upload to the Website and feature on your Storefront must relate to Products and/or MBB. You must not upload any User Content which relates to other products or to services unrelated to the Website.
3.6. You agree not to upload any User Content that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by MBB in its sole discretion, whether or not such material may be protected by law.
3.7. MBB may, review, monitor, or remove User Content, at MBB’s sole discretion and at any time and for any reason, without notice to you.
4. YOUR CONDUCT
4.1. In addition to the various obligations set out in part 3 above, we require Users to comply with a small number of conduct obligations that go beyond their use of the Website and the operation of their Storefront. Those obligations are set out in this part 4.
4.2. If you promote your Storefront using websites and platforms beyond the Website, such as social media sites and other mediums, you must conduct yourself on those mediums in the way that you would be required to use the Website by part 6 of this Agreement. Further, you must not use those mediums in a way that breaches their terms of service, or which constitutes spamming or harassing other users of them.
4.3. If you use third party mediums to promote your Storefront, you may need to flag your content there as being an advertisement (for example, by using markers such as #Ad). You are responsible for complying with any applicable regulations, and we encourage you to use any branded content guides or tools made available by third party platforms that you may use.
4.4. When you promote your Storefront you must not make any representations which are false, misleading or inaccurate. This rule applies wherever you make any kind of representation about your Storefront, about Products, or about MBB.
4.5. You must not sell, or otherwise purport to grant any form of title, charge of interest over your Storefront to anyone other than you. You acknowledge that any attempt by you to do so will be deemed void.
4.6. You must not enter into any arrangement to sell Products other than via your Storefront, or otherwise via the Website. For example, you must not offer to re-sell Products which you have bought yourself from the Website.
4.7. You must not enter into any arrangement with any third party to provide Products to them in return for any form of payment that is not made via the Website. That includes any commitment by you to provide any form of service to any individual if they purchase Products via your Storefront.
5. INTELLECTUAL PROPERTY
5.1. All Intellectual Property Rights in the Website and the Services throughout the world belong to us (or our licensors) and the rights in the Website and the Services are licensed (not sold) to you. You have no Intellectual Property Rights in, or to, the Website or the Services other than the right to use them in
accordance with these terms.
5.2. Without prejudice to Part 5.1, you accept and acknowledge that all Content on the Service is either owned by or licensed to MBB, and is subject to Intellectual Property Rights of MBB, or MBB’s licensors. Any third-party trade or service marks present on Content are trade or service marks of their respective owners. Such Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of MBB or, where applicable, MBB’s licensors. MBB and its licensors reserve all rights not expressly granted in and to their Content.
6. ACCEPTABLE USE RESTRICTIONS
As a condition of being granted access to the Website and the Services you agree:
(a) to read and comply with any Community Guidelines;
(b) not create and curate a Storefront if you are under the age of 16;
(c) not upload or submit any information or data to the Website (including your Storefront) which is inaccurate, false or misleading;
(d) not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Service or features that enforce limitation on use of the Service or the Content;
(e) not transmit any material, including User Content, that is defamatory, harassing, offensive or otherwise objectionable in relation to your use of the Website or any Service;
(f) not transmit any material of the kind described in (e) above via any medium in your capacity as the curator of a Storefront;
(g) not use the Website or Service in an unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Website, any Service or any operating system;
(h) not use the Website or Service to offer, solicit, arrange, or engage in, any kind of activity or arrangement which is, or which would be unlawful (including, for the avoidance of doubt, any sexual encounter);
(i) not use the Website or Service for the solicitation of business in the course of trade, or in connection with a commercial enterprise, other than your Storefront on MBB;
(j) not infringe our Intellectual Property Rights or those of any third party (including other Users wo operate Storefronts) in relation to your use of the Website or any Service (to the extent that such use is not specifically licensed and permitted by this Agreement);
(k) not use the Website or Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other Users; and
(l) not collect, extract or harvest any information or data from the Website, any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
Together the conditions of use set out in this Clause 9 are referred to as the “Acceptable Use Restrictions”.
7. WARRANTIES AND DISCLAIMERS
7.1. Although we make reasonable efforts to update all information provided by the Website and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up-to-date.
7.2. The Service is provided “as is” and “as available” and in particular, MBB makes no warranty or representation that:
(a) Your use of the Service will meet your requirements;
(b) The Service will be available;
(c) Your use of the Service will be reliable, uninterrupted, timely, secure of free from error; and
(d) Any defects in the operation or functionality of the Website will be corrected.
7.3. Save for as expressly set out in these terms, no implied warranties or other terms, including any implied term relating to satisfactory quality or fitness for purpose, shall apply to the Website or its use by you.
8. LIMITATION OF LIABILITY
8.1. You acknowledge and accept that:
(a) the Website has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Website meet your requirements.
(b) MBB does not review, check or monitor User Content. Accordingly, you agree that MBB shall not be liable or responsible for any such User Content.
8.2. We shall only be responsible for loss or damage you suffer that is a direct and foreseeable result of our breach of this Agreement up to the limit specified in Clause 11.4, but we are not responsible for any indirect, consequential or unforeseeable loss or damage (including, without limitation, loss of profit, loss of sales or business, loss of contracts, loss of use or corruption of software, data or information, or loss or business opportunity). Loss or damage is foreseeable if it is an obvious consequence of our breach at the time, we entered into this Agreement with you.
8.3. Notwithstanding Clause 11.2, MBB shall not under any circumstances be liable for any loss or damage you suffer as a result of:
(a) any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Service;
(b) any changes which MBB may make to the Service, or for any permanent or temporary cessation in the provision of the Service (or any features within the Service);
(c) the deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of the Service;
(d) your failure to provide MBB with accurate account information;
(e) your failure to keep your password or Account details secure and confidential.
8.4. Our maximum aggregate liability under or in connection with this Agreement and your use of the Website and Services whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the total value of Commission paid to you in relation to your Storefront on the Website.
8.5. Nothing in this Agreement shall limit or exclude our liability for:
(a) death or personal injury resulting from our negligence;
(b) fraud or fraudulent misrepresentation; or
(c) any other liability that cannot be excluded or limited by English law.
9. TERMINATION OF THIS AGREEMENT
9.1. Without prejudice to our rights hereunder, we may terminate this Agreement immediately without
notice to you:
(a) if you commit a breach of this Agreement which you fail to remedy (if remediable) within 3 days after the service of written notice requiring you to do so;
(b) if you breach any of the Licence Restrictions or the Acceptable Use Restrictions;
(c) if we have any reason to suspect that your use of the Website and Services is unlawful, or that it would bring us and/or other Users or the Website into disrepute;
(d) if we believe that it is required to terminate your use of the Website and Services by law; or
(e) if we withdraw the Website from service, or otherwise reorganise or restructure our business so as to necessitate the termination or suspension of provision of the Website to you.
9.2. Without prejudice to our rights hereunder, we may terminate this Agreement, or generally cease offering or deny access to the Website and Services or any portion thereof, at any time for any or no reason whatsoever, immediately by notifying you in writing
9.3. On termination for any reason:
(a) all rights granted to you under this Agreement shall cease; and
(b) you must immediately cease all activities authorised by this Agreement, including your use of any Services.
10. COMMUNICATION BETWEEN US
10.1. If you wish to contact us in writing, or if any condition in this Agreement requires you to give us notice in writing, you can send this to us by e-mail to firstname.lastname@example.org.
10.2. If we have to contact you or give you notice in writing, we will do so by e-mail, text message, short
message service or by pre-paid post using the contact details you have provided to us.
11. EVENTS OUTSIDE OUR CONTROL
11.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (each an “Event Outside Our Control”).
11.2. If an Event Outside Our Control takes place that affects the performance of our obligations under this Agreement will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
11.3. We shall take reasonable steps to prevent or minimise delay.
12. OTHER IMPORTANT TERMS
12.1. We may transfer our rights and obligations under this Agreement to another organisation, but this will not affect your rights under this Agreement.
12.2. You may only transfer your rights or obligations under this Agreement to another person if we agree in writing.
12.3. If we fail to insist that you perform any of your obligations under this Agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a
default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
12.4. Each of the conditions of this Agreement operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
12.5. Please note that this Agreement, and any documents referred to therein, its subject matter and its formation, are governed by the law of England and Wales. You and we both agree that the courts of England and Wales will have exclusive jurisdiction to settle any disputes (including non-contractual) arising from or in connection with this Agreement.
12.6. The use of this Website is lawful in England and Wales. Should you choose to use the Website, anywhere else in the world you are responsible for checking local law and ensuring your compliance with it.