Thank you for accessing uk.mixa.com (our Site). Please read these terms and conditions (Terms) before using our Site which is operated by L'Oréal (UK) Limited, a company registered in England and Wales under company number 00271555, whose registered office and main trading office is at 255 Hammersmith Road, London W6 8AZ (L’Oréal). Our VAT number is GB 438506540.
By using our Site, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use our Site.
OTHER APPLICABLE TERMS
These Terms refer to the following additional policies, which also apply to the use of our Site:
Our Review Terms and Conditions which set out the terms and conditions in accordance which you can leave product reviews on our Site.
From time to time we may run competitions and promotions via our Site. Separate terms and conditions will be posted where applicable governing such competitions and promotions.
CHANGES TO THESE TERMS
From time to time we may modify these Terms. Please check this page regularly to take notice of any changes we make, as they are binding on you. Your use of our Site following any such change constitutes your agreement to follow and be bound by these Terms as amended. If at any time you do not wish to accept these Terms, you may not use our Site.
CHANGES TO OUR SITE
We may update our Site from time to time, and may change the content at any time. However, please note that any of the content on our Site may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that our Site, or any content on it, will be free from errors or omissions and you accept that such changes may result in your being unable to access our Site.
ACCESSING OUR SITE
Our Site is made available free of charge.
We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. Access to our Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Site without notice. We will not be liable to you if for any reason our Site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our Site. We do not warrant that our Site is compatible with your computer equipment or that our Site or its server is free of errors or viruses, worms or "Trojan horses" and we are not liable for any damage you may suffer as a result of such destructive features.
You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
Our Site is provided "as is" and excludes any warranties of any kind, either express or implied, to the fullest extent permissible pursuant to applicable law including (but not limited to) the exclusion of warranties of title, merchantability, satisfactory quality, fitness for a particular purpose and non-infringement of proprietary or third party rights.
YOUR ACCOUNT AND PASSWORD
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. 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 reasonable opinion you have failed to comply with any of the provisions of these Terms.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us via our Contact Us page or by email UKConsumerAdvice@loreal.com.
We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it(including, but not limited to text, content, software, video, music, sound, graphics, photographs, illustrations, artwork, photographs, names, logos, trademarks, service marks and other material) (Content). The Content is protected by copyright laws and treaties around the world. All such rights are reserved.
You acquire no rights or licences in or to our Site and/or the Content other than the limited right to use our Site in accordance with these Terms and to download on the terms set out in this section. Other than as set out in this section you may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to create derivative works from, transmit, or in any other way exploit any part of our Site.
We allow limited download only if you satisfy the following criteria:
o i. you make no more than one printed copy of such download and no further copies of such printed copy are made; and
o ii. you make only personal, non-commercial use of such download and/or printed copy; and
o iii. you do not modify the paper or digital copies of any Content 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; and
o iv.you retain on such download and/or printed copy all copyright notices and shall remain bound by the terms of such wording and notices.
Additionally, you may not offer for sale or sell or distribute over any other medium (including distribution by over-the-air television or radio broadcast or distribution on a computer network) the Content or any part thereof. You may not make any part of our Site available as part of another website, whether by hyperlink framing on the internet or otherwise. Our Site and the information contained therein may not be used to construct a database of any kind, nor may our Site be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute any database websites containing all or part of our Site.
You may not use any of our trademarks or trade names without our prior express written consent and you acknowledge that you have no ownership rights in and to any of those names and marks. You must not use any part of the content on our Site 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 our Site in breach of these Terms, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the Content you have made.
You agree to abide by all additional copyright notices or restrictions contained in our Site.
You agree to notify us promptly in writing if you become aware of any unauthorised access to or use of our Site by any party or of any claim that our Site or any of the contents of our Site infringes any copyright, trade mark, or other contractual, statutory or common law rights of any party.
If you would like information about obtaining our permission to use any of the Content email your enquiry UKConsumerAdvice@loreal.com
While we endeavour to ensure the accuracy of the information accessed via our Site, the content of our Site is provided for general information only. Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, about the accuracy, timeliness or completeness of any information or material on our Site.
Limitation of Liability
Nothing in these Terms 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 English law.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site or any content on it, whether express or implied.
We will not be liable to any user 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:
o use of, or inability to use, our Site; or
o use of or reliance on any content displayed on our Site.
If you are a business user, please note that in particular, we will not be liable for:
o loss of profits, sales, business, or revenue
o business interruption;
o loss of anticipated savings
o loss of business opportunity, goodwill or reputation; or
o any indirect or consequential loss or damage.
If you are a consumer user, please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
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 our Site or to your downloading of any content on it, or on any website linked to it.
You agree to indemnify, defend, and hold harmless each of L’Oréal, its employees, representatives and agents, from and against any claims, actions, demands or other proceedings brought against any of L’Oréal, its employees, representatives or agents, by a third party, to the extent that such claim, suit, action or other proceeding brought against L’Oréal, its employees, representatives, suppliers, or agents is based on or arises in connection with:
o i. your use of our Site;
o ii. any breach by you of these Terms;
o iii. a claim that any use of our Site by you
a. infringes any intellectual property rights of any third party, or any right of personality or publicity, or
b. is libellous or defamatory, or otherwise results in injury or damage to any third party;
o iv. any deletions, additions, insertions, or alterations to, or any unauthorised use of, our Site by you; or
o v. any misrepresentation or breach of representation or warranty made by you contained herein.
References in this section of these Terms to your use of our Site shall be deemed to include any use by a third party where such a third party accesses our Site using your computer. You agree to pay L’Oréal, its employees, representatives, and agents any and all costs, damages, and expenses (including reasonable legal fees) awarded against any of them or otherwise incurred by any of them in connection with or arising from any such third party claim, suit, action or proceeding attributable to any such third party claim.
There may be links that will let you leave this Site or that will let you access this Site from third party sites. Linked third party sites are not under our control and we are not responsible for the contents of any such linked site or any link contained in such a linked site. We will not be liable for any loss or damage that may arise from your use of them. Any concerns regarding any such service or resource or any link thereto should be directed to the particular outside service or resource. Existence of links to other third party sites is not an endorsement in favour of such site or the products or services contained in any linked site.
LINKING TO OUR SITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Site in any website that is not owned by you. Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page.
We reserve the right to withdraw linking permission without notice.
If you wish to make any use of content on our Site other than that set out above, please contact UKConsumerAdvice@loreal.com.
We do not guarantee that our Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our Site. You should use your own virus protection software.
You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
GOVERNING LAW AND JURISDICTION
If you are a consumer, please note that these Terms, their subject matter and their formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
If you are a business, these Terms, their subject matter and formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
LOCAL LAWS AND REGULATIONS
Our Site is not directed at any person in any jurisdiction where for any reason the publication or availability of our Site is prohibited. Those in respect of whom such prohibitions apply must not access our Site.
We do not represent that either our Site or the Content are appropriate for use or permitted by local laws in all jurisdictions. Those who access our Site do so on their own initiative and are responsible for compliance with applicable local laws or regulations; legal advice should be sought in cases of doubt.
SEVERANCE & WAIVER
If any provision of these Terms is found to be invalid by any court having jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
To contact us, please do so via our Contact Us page or by email firstname.lastname@example.org
Thank you for visiting our Site.
|Promotion Name and Description||[MIXA prize draw]|
|Promoter||[Mixa], a trading division of L’Oréal UK Limited, 255 Hammersmith Road, London, W6 8AZ|
|Entry Open Date||[09.01 am 06/06 /17] UKI time|
|Entry Closing Date||[11.59 pm 06/06/17] UKI time|
[UK] residents aged  + only
|How to Enter Requirements||
· Like the photo, tag a friend and follow @Mixa_UKI for your chance to win.
By liking the post and follow @Mixa_UKI Instagram account in accordance with the above entrance criteria, entrants agree to be automatically entered into the prize draw and abide by these Terms and Conditions (as set out in this table and the General Terms and Conditions below).
[PRIZE = Full Mixa Range]
E.g. 2 same Mixa full size products: [Mixa Restoring body lotion 250ml, orange; Mixa Soothing body lotion 250 ml, pink; Mixa Anti-dryness body lotion 250ml, blue; Mixa Cica Repair Body lotion 250ml, Red
|Number of Major Prize Winner(s)||2|
|Runner-Up Prize||[Not Applicable]|
|Number of Runner-Up Priize Winner(s)||[Not Applicable]|
|Prize Draw Date||
|Notification of Winner(s)||
Winner(s) are selected at random and will be notified via [email] by [08/06/16]
|Delivery and Winner Details|
Please allow up to  days from the date the winner supplies details for delivery of the prize.
General Terms and Conditions
Entry and eligibility
1. Entries must be received between the Entry Open Date and the Entry Closing Date.
2. The prize draw is free to enter and no purchase is necessary.
3. Promoter’s employees, their immediate family or any third party directly associated with the promotion are not eligible to enter.
4. Incomplete, illegal, misdirected or late entries will not be valid. Proof of complying with the How to Enter Requirements will not be accepted as proof of receipt or entry. Promoter is not responsible for entries lost, damaged or delayed due to technical or connectivity or other problems.
5. Only one entry per person. Bulk entries from trade, consumer groups or third parties will not be valid. Multiple entries made by the same person from various email, social media or other accounts or from the same IP address will not be valid.
6. Any entries which do not comply with the How to Enter Requirements, or which contain any third party intellectual property without prior informed consent from the rights holder, or which contain any abusive, inappropriate, offensive or obscene language or imagery will be disqualified. Examples of language/images considered to be inappropriate, offensive or obscene, include (but are not limited to): any message/image which contains (a) swearing; (b) comments or actions which appear to be discriminatory of any person, company or group of individuals, for example comments of a racist, sexist or homophobic nature; (c) sexual innuendo, sexual language or sexual acts, actions or gestures; (d) promoting any illegal unlawful activity such as drug use; (e) any message that appears to be an advertisement or solicitation to buy; and (f) any materials (whether written or visual) that directly or indirectly relate to Promoter’s competitor brands or that show any intention of promoting any brand other than Promoter brand.
Prize fulfilment and disqualification
7. Prizes are as stated, they are not transferable and there are no alternative prizes or cash substitutes. Promoter reserves the right to substitute a prize of equal or greater value in the event that the selected prize is unavailable for any reason whatsoever.
8. A winner forfeits their prize and Promoter reserves the right to select at random an alternative winner if:
(a) within 3 weeks of being notified by Promoter, a winner does not respond or does not provide their full name and relevant details (if applicable, details for the prize to be despatched to in the eligible country of residence); or
(b) if a prize is rejected or returned undeliverable; or
(c) if an entry is invalid or an entrant is disqualified or in breach of these Terms and Conditions.
9. Promoter reserves the right to disqualify an entrant or winner that, in its absolute discretion, could bring Promoter into disrepute.
10. Promoter shall disqualify any entries that have failed to abide by and/or are in breach of these Terms and Conditions.
11. The name of the winner(s) can be obtained by sending a stamped, self-addressed envelope, within 4 weeks of the Prize Draw Date to the Promoter at 255 Hammersmith Road, London, W6 8AZ, referencing the Promotion Name.
Promotional Activity relating to the prize draw
12. In entering the prize draw, all entrants and winners agree to participate in any promotional activity relating to the prize draw, which may include entry content, voice, image and name for publicity purposes (in any media, print or online, including any websites, social media sites or third party retailer websites) and in advertising, marketing or promotional material (whether or not related to the prize draw) free of charge without additional compensation or prior notice. Promoter may modify any entry content to fit in context with the relevant usage, whilst maintaining its original sentiment.
13. All personal details and/or information given either in the entry process or otherwise must be truthful, accurate and in no way misleading. Promoter reserves the right to disqualify entrants if they have supplied untruthful, inaccurate or misleading personal details and/or information.
Use of Entry Content
15. Promoter shall own all the copyright and other intellectual property rights in the entries and any other materials (whether visual, oral or written) generated during the various stages of this promotion, in perpetuity and on a worldwide basis for use at Promoter's sole discretion including, without limitation, use in advertising, other media, press releases, editorial and promotional activity, point of sale material, Promoter's websites, third party websites (including Facebook, Instagram, Twitter and Youtube), newsletters and e-newsletters.
16. Accordingly entrants assign to Promoter any copyright and other intellectual property rights which exist in their participation in this competition and irrevocably waive any moral rights that could vest in them (which shall include their name, location and age) under the Copyrights, Designs and Patents Act 1988 or otherwise, and undertake to do all things necessary immediately on Promoter’s request to effect or confirm any assignment in this paragraph.
Limitation of Liability
17. Neither Promoter nor agencies nor suppliers involved in this promotion may be liable to the winners, whether arising from tort including negligence, breach of contract or otherwise or for any damage, loss, liabilities, injury or disappointment incurred or suffered whatsoever as a result of or relating to participation in this prize draw or the prizes to the extent permissible by law. No compensation for loss of earnings will be paid by Promoter for participation in any aspect of this prize draw.
Website Specific Terms and App Specific Terms
18. Entrants must have internet access to be eligible.
20. Promoter’s decision is final and no correspondence will be entered into.
21. Promoter reserves the right in its absolute discretion to amend or waive any of these Terms and Conditions, or suspend or cancel the prize draw at any stage, in the event of circumstances that are unforeseen or beyond its reasonable control (including suspected or actual fraudulent or misleading practices or other breaches of these Terms and Conditions).
22. English law applies and the English courts shall have exclusive jurisdiction over any proceedings in connection with this promotion.