The Terms & Conditions and Policies of the site.
1. Introduction
Clens Cosmetics places great importance on the protection of user’s privacy and its obligations in accordance with the legal provisions in force.
This Privacy Policy allows you to better understand the principles of data protection applied by Clens Cosmetics. We invite you to read it before submitting your personal data.
Clens Cosmetics whose registered office is CLENS COSMETICS Plus X Innovation, 2 Brunel Way, Slough, Berkshire, England, SL1 1FQ United Kingdom
www.clenscosmetics.com
This Privacy Policy may be updated at any time by us. Any changes to this Privacy Policy will be posted on this page and, where appropriate, notified to you. We suggest that you refer back to it on a regular basis.
2. When do we collect your information?
We collect personal information from you when:
You visit our website;
You create an account on our website;
You make a purchase or a reservation on our website or in certain approved points of sale of our distribution network;
You subscribe to one of our newsletters;
You sign up for one of our loyalty programs;
You participate in special operations, in particular games, competitions, product tests, customers surveys or market researches;
You share content on social networks such as Instagram, Facebook, Pinterest or Twitter using the hashtag #ClensCosmetics or other hashtags we offer;
You are visiting one of our Spa or some approved points of sale of our distribution network;
You contact us, in particular when you call or submit a request or a complaint to our Customer Service teams, when you rate or review our products and/or services or when you chat with other visitors in real time;
You have given your consent to third parties to send us personal information about you.
3. What information do we collect about you?
We consider that all information that could identify you directly or indirectly are "personal information". We may mainly collect the following personal information:
Information about your identity, in particular your gender, last name, first names, address, telephone numbers, email address, username and password, date of birth or age;
Information about your payment method, in particular your credit card number and the expiration date;
Information about our commercial transactions, in particular transaction numbers, history of your purchases, your request or your communications with our Customer Service team, your preferences and interests or information about one of our loyalty program;
Content information such as photos, videos, ratings, reviews, comments ;Information about wellness or health (beauty concern, skin type, skin sensitivity, contraindications, etc.) subject to your prior and explicit consent;
Information about your social media accounts (username, caption information, location, etc.), uploads and posts when you share content or use the hashtag #ClensCosmetics or other hashtags we offer;
Recordings of telephone conversations to offer the best quality of service, in particular for the purpose of staff training and appraisal;
Technical information, in particular your IP address or information about how your device navigates through our website;
Other information you provide when you contact us or we have received from external providers.
4. Why is your personal information collected?
Personal information may be collected mainly for the following purposes:
Website administration and improvement of the quality of service. (Legitimate interests);
Processing of your orders (orders, deliveries, invoices, after sales service, etc.). (Performance of a contract);
Customer Relationship Management (CRM), in particular to help us get to know you better and to provide you with personalized offers about our products and services (in particular by email, by SMS, on social networks or any other medium and by displaying targeted ads on websites and on social networks), to manage your membership to our Loyalty program (Consent). For these purposes, we may perform segmentation operations based on your preferences, interests and purchases behaviour, analyse your browsing and requests on our website or perform any other actions to better qualify our database (Consent or Legitimate interests). For example, we may import certain encrypted data (email or phone number) on third-party platforms to check if you already had an interaction with our brands and/or are likely to be interested by our products and services and to provide you with personalized advertising on social networks using retargeting features. Creating an account allows us to personalize your customer experience but you can also place an order using the Guest Check Out option;
Carrying out analyses and business statistics to anticipate market changes (business intelligence, data visualization, etc.), measuring your satisfaction and R&D (Legitimate interests);
Measurement of the performance of affiliate campaigns (Consent);
Social interaction (Consent);
When appropriate, prevention and fraud detection, crime and litigation management. The fraud detection solutions we use can be completely automated or involve human intervention. When we use automated fraud detection solutions, we engage in processing of your personal information for the purpose of identifying fraudulent activity or securing payment and making automated decisions in this respect.
The logic of this automated decision-making relies on applying fraud analysis rules and models to our business processes to determine if an action is potentially fraudulent. This processing can produce legal effects that concern you or similarly significantly affect you, and specifically we may refuse to enter into a contract with you. We inform you that we may also use reCAPTCHA, a service provided by Google to protect our site from spam and abuse. For information on how Google uses the data collected through reCAPTCHA, you may review Google Privacy Policy and Terms of Service (Legitimate interests);
Processing your requests and complaints (Consent);
Managing undesirable effects related to the use of our products (Cosmetovigilance), carrying out studies concerning the safety of use of our products and exercise of your rights (keeping an opt-out list) (Legal obligation);
As otherwise permitted by law and/or notified to you from time to time.
5. Do we disclose your personal information?
We never sell nor rent your personal information to other companies for marketing purposes.
Clens Cosmetics is an international group that operates in many countries. The personal information we are collecting about you will be used by us and is likely to be communicated for the purposes stated in this Privacy Policy to other Clens Cosmetics group companies if necessary. Each of those companies may also process and use your personal data for the purposes stated in this Privacy Policy independently and on their own behalf.
It may also be shared with service providers chosen for their expertise and reliability and acting on our behalf and at our direction (order processing and fulfilment, secure payment, customer service management, maintenance and technical development operations, rate and reviews, analytics, spam prevention, management of digital campaigns and affiliation, etc.). We authorize these service providers to use your personal information only to the extent necessary to perform services on our behalf or to comply with legal requirements and we strive to ensure that your personal information is always protected.
These third parties may be located in or out of the European Economic Area (EEA), including in countries that do not provide the same level of data protection as in your country of residence. In such a case, we will ensure that:
we obtain your unambiguous consent to share your personal information with these third parties, we enter into appropriate data transfer agreements conforming to the Standard Model Clauses established by the European Commission, we comply with Binding Corporate Rules (BCR) approved by competent authorities.
Finally, we may also transmit your personal information to local authorities if required by law or as part of an investigation and in accordance with applicable regulations.
6. How will we protect the information about you?
Clens Cosmetics takes appropriate technical and organizational measures, in relation to the nature of data and risks, to preserve the security and confidentiality of your personal information and, in particular, to prevent them from being altered, disclosed or transmitted to any unauthorized parties. This may include practices such as limited access by members of staff who, by virtue of their duties, are authorized to access data, contractual guarantees in case of third-party provider, privacy impact assessments, internal reviews of our practices and privacy policies and/or implementation of physical and/or systematic security measures (secure access, authentication process, backup, antivirus, firewall, pseudonymization, encryption, etc.).
7. What is our policy on minors?
This website is not aimed at minors.
We do not knowingly collect nor process personal information from minors. Assuming we would have knowledge of the collection of personal information from minors without prior authorization from the holder of the parental responsibility, we will take appropriate measures to contact the person and/or, if necessary, to delete this personal data from our servers and/or those of our service providers.
8. What is our cookies (and other tracking technologies) policy?
For more information on our Cookies Policy.
9. How is the contents you share on social networks using our hashtags managed?
You can choose to use our hashtags to tag your content on social networks such as Instagram, Facebook, Pinterest or Twitter.
By using these hashtags, you acknowledge and agree that your content may appear on our website and be used to refer to our products or services.
We remind you that the information you share on social networks can be consulted, used and saved by others around the world, in particular in countries without legislation guaranteeing an adequate level of protection of your personal information as defined in your country of residence.
We also draw your attention to the fact that when you submit content using one of our hashtags, your use of social networks is exclusively governed by the general conditions of these social networks. We invite you to read it and to refer to it regularly.
If you no longer want your content to appear on our site, please remove it from the social network or stop using hashtags.
10. For how long is your personal data kept?
We strive to keep your personal information only for the time necessary for the purposes set out in this privacy policy and in accordance with the provisions in force.
As a general rule:
Customer / prospect data will be kept for three years from the date of collection or after the last contact or the end of the commercial relationship, unless it is opposed or requested to be deleted by you. At the end of this three-year period, we may make contact with you again in order to find out whether or not you wish to continue to receive marketing approaches. If no clear positive answer is given by you, your data will be deleted or archived in accordance with the provisions in force.
Data relating to identity documents may be kept for one year in the event of exercise of your rights.
Data on credit cards will be deleted after the transaction or archived for evidence purposes in accordance with the provisions in force. Subject to your express consent, banking data may be kept until the expiration date of the credit card. We never store your visual cryptogram.
Data necessary for carrying out analyses and business statistics can be kept for up to five years.
Data to prove a right or a contract or kept under compliance with a legal obligation can be archived in accordance with the provisions in force.
11. What are your rights regarding your personal information and how do you contact us?
If you give us your email address, phone number or mailing address, you may receive emails, calls or periodic messages from us about our products, services or upcoming events. You can unsubscribe at any time from our mailing lists by contacting us at the address below, by following the link "unsubscribe" contained in each of our emails or by replying "STOP" to one of our SMS. You can also change your preferences at any time in your account.
In accordance with the provisions in force, you have a right to access, rectification, erasure and data portability of your personal data as well as a right to object and restriction of processing. You can also withdraw your consent at any time. To exercise these rights, you must send us a request by justifying your identity:
E-mailing a request to the hello@clenscosmetics.com;
By writing to the following address:
CLENS COSMETICS Plus X Innovation, 2 Brunel Way, Slough, Berkshire, England, SL1 1FQ United Kingdom
You will be informed of the actions to be taken as soon as possible and in any case no later than one month after your request. However, we reserve the right not to respond to unfounded or vexatious requests.
In accordance with the provisions in force, you can also file a complaint with the competent authority responsible for data protection or lodge an appeal if your data are misused. The Information Commissioner’s Office (ICO)Water Lane, Wycliffe House Wilmslow - Cheshire SK9 5AFico.org.uk Please contact our contact point for data protection in the UK or in France should you have any questions or comments in connection with this Privacy Policy:
CLENS COSMETICS Plus X Innovation, 2 Brunel Way, Slough, Berkshire, England, SL1 1FQ United Kingdom
This Cookie Policy explains what cookies are, how we use them on our website, and your choices regarding cookies. This policy should be read alongside our Privacy Policy, which explains how we handle your personal data.
1. What are cookies?
Cookies are small text files that are placed on your computer or mobile device when you visit a website. They are widely used to make websites work more efficiently, as well as to provide information to the owners of the site.
2. How we use cookies
We use cookies for the following purposes:
To ensure our website works correctly: Essential cookies are required for the basic functionality of our website. They enable you to navigate our site and use its features, such as accessing secure areas and making purchases. Without these cookies, the website may not function properly.
To improve your user experience: We use cookies to remember your preferences and settings, such as your language choice or your login details. This helps us to personalise your experience and make it more efficient.
To analyse website usage: We use cookies to understand how visitors interact with our website. This helps us to improve our website's design, content, and functionality. We may use third-party analytics services, such as Google Analytics, for this purpose. These services collect anonymous data about your use of our website, which is then used to create statistical reports.
For marketing and advertising: We may use cookies to show you relevant advertisements on our website and on other websites you visit. These cookies track your browsing habits and are used to build a profile of your interests.
3. Types of cookies we use
Strictly necessary cookies: These cookies are essential for our website to function. They are usually set in response to actions made by you, such as logging in, filling out forms, or adding items to a shopping cart. We do not need your consent to use these cookies.
Performance cookies: These cookies collect anonymous information about how visitors use our website. This data is used to improve our website's performance and design. We will ask for your consent before placing these cookies on your device.
Functionality cookies: These cookies allow our website to remember choices you have made to provide enhanced and more personal features. For example, they can remember your username and customisation preferences. We will ask for your consent before placing these cookies on your device.
Targeting/advertising cookies: These cookies are used to deliver more relevant advertisements to you and your interests. They are usually placed by third-party advertising networks with our permission. They remember that you have visited our website and this information is shared with other organisations, such as advertisers. We will ask for your consent before placing these cookies on your device.
4. Third-party cookies
Some cookies on our website may be set by third-party services that provide functionality for our site. For example, we may use social media sharing buttons, video players, or third-party analytics services. We do not have control over these third-party cookies. You should check the relevant third-party's privacy and cookie policy for more information.
5. Your consent and control
Under UK law, we are required to obtain your consent before placing most types of cookies on your device. We provide a clear and easy-to-use cookie banner when you first visit our website, giving you the option to:
Accept all cookies
Decline all non-essential cookies
Manage your preferences and select which types of cookies you are happy to accept.
You can change your cookie preferences at any time by clicking on the [e.g., "Cookie Settings" or "Manage Consent"] link, which can usually be found in the footer of our website.
Most web browsers also allow you to control cookies through their settings. You can find information on how to manage cookies in your specific browser by visiting the browser's help section. Please note that if you disable certain cookies, some parts of our website may not function correctly.
6. Changes to this policy
We may update this Cookie Policy from time to time to reflect changes in our practices or for other operational, legal, or regulatory reasons. We will notify you of any significant changes by posting the new policy on this page.
7. Contact us
If you have any questions about this Cookie Policy, please contact us at:
hello@clenscosmetics.com
CLENS COSMETICS Plus X Innovation, 2 Brunel Way, Slough, Berkshire, England, SL1 1FQ United Kingdom
All graphical assets in this template are licensed for personal and commercial use. If you'd like to use a specific asset, please check the license below.
THIS SITE IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE USED AS A SUBSTITUTE FOR ADVICE OR TREATMENT FROM A QUALIFIED MEDICAL PROFESSIONAL.OTHER COMPANIES’ MARKS USED ON THIS SITE REMAIN THE INTELLECTUAL PROPERTY OF THEIR RESPECTIVE OWNERS.
EXCLUDING INTELLECTUAL PROPERTY OWNED BY OTHERS, ALL SITE CONTENT IS COPYRIGHTED OR LICENSED FOR USE BY THE OWNER OF THIS SITE. ALL RIGHTS RESERVED.
Thank you for visiting Clens Cosmetics website (the “Site”). The Site is published and maintained in the United Kingdom. Your visit to the Site is subject to these Terms and Conditions and our Privacy Policy. Please read the below terms and disclaimers carefully.
Clens Cosmetics (“Clens,” “we,” “us,” or “our”) provides the content and services available on the Site to you subject to the following terms and conditions, our Privacy Policy and other terms and conditions and policies which you may find throughout our Site in connection with certain functionality or features, all of which are deemed a part of and included within these terms and conditions (collectively, "Terms and Conditions"). You may be accessing our Site from a computer or mobile phone device and these Terms and Conditions govern your use of our Site and your conduct, regardless of the means of access. By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions.
We also like to interact with you on third party sites where we post content or invite your feedback, such as Instagram, Twitter and LinkedIn ("Third Party Sites"). Our Terms and Conditions may provide guidelines in connection with our interactive services, including services that involve Third Party Sites, but Clens does not control those Third Party Sites, and these Terms and Conditions do not apply to companies that we do not own or control, or to the actions of people that we do not employ or manage. You should always check the terms of use posted on Third Party Sites.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, YOU MAY NOT USE OUR SITE.
THE SECTION BELOW TITLED “DISPUTES” CONTAINS A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
1. Privacy
Please review our Privacy Policy, so that you may understand our privacy practices.
2. Accuracy of Information
We attempt to be as accurate as possible when providing you with information on this Site; however, to the extent permitted by applicable law, we do not warrant that the content available on the Site is accurate, complete, reliable, current, or error-free.
3. Intellectual Property
All information and content available on the Site and its “look and feel”, including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the "Content"). The Content is the exclusive property of Clens, our affiliates, partners or licensors, and is protected by United States and international laws, including laws governing copyrights and trademarks.
Except as set forth in the limited licenses in Section 4, or as required under applicable law, neither the Content nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.
4. Limited Licenses
We grant you a limited, revocable, non-transferable, and non-exclusive license to access and make personal use of the Site. You understand and agree that you will not do or attempt to do or cause any third party to do or attempt to do any of the following in connection with your use of the Site:
We also grant you a limited, revocable, non-transferable, and non-exclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to the Site (i) may link to, but not replicate, any and/or all of our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages (as determined in our sole discretion); (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and/or (vi) may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking.
Any unauthorized use by you of the Site or any and/or all of our Content automatically terminates the limited licenses set forth in this Section 4 without prejudice to any other remedy provided by applicable law or these Terms and Conditions.
5. Your Obligations and Responsibilities
By accessing or using the Site or any Content, you agree that you will comply with these Terms and Conditions and any warnings or instructions on the Site. You agree that when accessing or using the Site or any Content, you will act in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you negligently or willfully breach any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to Clens, our parents, subsidiaries, affiliates, partners or licensors.If you access the Sites via your mobile phone, we do not currently charge for this access. Please be aware that your carrier's normal rates and fees, such as data charges, will still apply.
6. Third Party Links
We are not responsible for the content of any off-website pages or any other websites linked to or from the Site including Third Party Sites. Links appearing on the Site are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-website pages or other websites including Third Party Sites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from the Site (including Third Party Sites), nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites (including Third Party Sites) that you visit.
7. User Content
When you transmit, upload, post, e-mail, share, distribute, reproduce or otherwise make available suggestions, ideas, inquiries, feedback, data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials ("User Content") on the Site in any manner (including, but not limited to, through the “Contact Us” form) you are entirely responsible for such User Content. You hereby grant to us a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, and otherwise exploit such User Content throughout the world, in all media now known or hereafter developed, for any purpose whatsoever, including without limitation, developing, manufacturing, distributing and marketing products.
You represent and warrant that you own or otherwise control the rights to your User Content. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing, sharing, distributing, reproducing, or otherwise making available User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, fraudulent, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
We are in no way responsible for examining or evaluating User Content, nor do we assume any responsibility or liability for the User Content. We do not endorse or control the User Content transmitted or posted on the Site and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Site. You hereby waive all rights to any claims against us for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content.
You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and we reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.
Deletion of User Content
If you wish to delete certain public User Content, such as your posting(s), on our website or in connection with our mobile applications, please contact us by email at hello@clenscosmetics.com and include the following information in your deletion request: first name, user name/screen name (if applicable), email address associated with our website and/or mobile applications, your reason for deleting the posting, and date(s) of posting(s) you wish to delete (if you have it). We may not be able to process your deletion request if you are unable to provide such information to us. Please allow up to 10 business days to process your deletion request. We also note that it may not be possible to entirely delete posting(s) because cached web pages may continue to exist.
8. Notices of Claimed Copyright Infringement
We respect the intellectual property of others and require that users of the Sites do the same. We also maintain a policy that provides for the termination in appropriate circumstances of the Sites’ use privileges of users who are repeat infringers of intellectual property rights. Consistent with the Digital Millennium Copyright Act, if you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail or written notice to hello@clenscosmetics.com for notices of infringement and provide the following:
You can contact our designated agent for notifications of claimed infringement at:
Copyright Agent c/o Legal Department, CLENS COSMETICS, Plus X Innovation, 2 Brunel Way, Slough, Berkshire, England, SL1 1FQ United Kingdom
Email: hello@clenscosmetics.com
NOTE: THE ABOVE CONTACT INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING CLENS COSMETICS THAT COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED.
ALL OTHER INQUIRIES WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS AND SHOULD BE DIRECTED TO OUR CUSTOMER SERVICE GROUP BY EMAIL TO:
Email: hello@clenscosmetics.com
9. Representations and Warranties; Limitation of Liability
THE SITE AND ITS CONTENT AND SERVICES ARE PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE SITE TERMS AND CONDITIONS OR THE SITE OR ITS CONTENTS OR SERVICES.YOU AGREE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES (f) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (g) EVENTS BEYOND OUR REASONABLE CONTROL.FURTHER, WE WILL NOT BE LIABLE IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE OR YOUR USE THEREOF, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED US DOLLARS ($100.00).YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE.
10. Indemnification
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand arising from (i) your use of the Sites or the Site Content in violation of any law, rule, regulation or breach of these Terms and Conditions, or (ii) any part of User Content. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
11. Disputes
With respect to any dispute, claim or controversy regarding the Site, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of the United Kingdom, as if the Terms and Conditions were a contract wholly entered into and wholly performed within the United Kingdom.
ANY DISPUTE RELATING IN ANY WAY TO YOUR USE OF THE SITE, THESE SITE TERMS AND CONDITIONS, OR THE RELATIONSHIP BETWEEN THE PARTIES (OTHER THAN CLAIMS RELATING TO THE intellectual property rights OF Clens Cosmetics OR OUR AFFILIATES, partners or licensors or CLAIMS in equity) SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN THE UNITED KINGDOM AND YOU AGREE TO SUBMIT YOURSELF TO THE JURISDICTION AND PROCEEDINGS THEREOF. ARBITRATION MEANS THAT AN ARBITRATOR(S) WILL DECIDE THE CLAIM, AND YOU WILL NOT HAVE THE RIGHT TO SUE IN COURT OR TO HAVE A JUDGE OR JURY DECIDE YOUR CLAIM. YOUR RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY ALSO BE LIMITED IN ARBITRATION.
It is further agreed that any dispute over the scope of this arbitration provision and any dispute as to whether a claim is arbitral shall be submitted to the arbitrator for decision. Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise.
You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually, and (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
12. Consent to Receive Notices Electronically by Posting on the Site and Via Email
You consent to receive any agreements, notices, disclosures and other communications (collectively, "Notices") to which these Terms and Conditions refer from us electronically including without limitation by e-mail or by posting notices on this Site. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us at hello@clenscosmetics.com and discontinue your use of this Site. In such event, all rights granted to you pursuant to these Terms and Conditions, including but not limited to the limited licenses set forth in Section 4 hereof, shall automatically terminate. Unfortunately, we cannot provide the benefits of this Site to any user that cannot consent to receipt of Notices electronically.
Please note that this consent to receive Notices is entirely separate from any election you may make with respect to receipt of marketing communications. Your options with respect to receipt of marketing communications are set forth in our Privacy Policy.
13. General
You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site and providing notice of such change. Any changes are effective immediately upon posting to the Site and release of notice of such change. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.
If you have any questions regarding these Terms and Conditions, please email us at hello@clenscosmetics.com.
