TERMS OF USE OF PROGRESSIVE WEB APP

SPOTSCAN PRO

 

Last updated: 14 June 2019

 

INTRODUCTION

 

Welcome to the Progressive Web App dedicated to providing information about skin imperfections and to recommending personalised dermocosmetic routines (the "Application") developed by La Roche-Posay, L'Oréal (UK) Limited, a company registered in England and Wales with registered number 00271555 and registered office at 255 Hammersmith Road, London W6 8AZ ("We" or "Us").

 

Please read carefully these Terms of Use which govern your use of the Application (the "Terms of Use"). Before downloading, installing, accessing or using the Application, you acknowledge that you have read, understood and agreed to comply with these Terms of Use. If you do not accept any term of these Terms of Use, please do not use the Application. We recommend that you print a copy of these Terms of Use for future reference.

 

DISCLAIMER

 

The advice provided on the Ap

plication and/or the tools made available to define your beauty profile are merely simulations intended for obtaining expert cosmetics advice. The information that the Application and/or the tools deliver are for strictly indicative purposes and shall in no event replace a medical diagnosis or clinical consultation, nor be substituted for a medical treatment. For any further information or in the event of doubt, We recommend that you consult your physician.

 

We do not guarantee that the Application, or any Downloadable Content on it, will always be available or be uninterrupted.

 

CONTACT US

 

For any request relating to your use of the Application, you may contact Us at the following address:

 

La Roche-Posay

L'Oréal (UK) Limited

255 Hammersmith Road,

London

W6 8AZ.

 

You can also contact Us via email at: UKconsumeradvice@loreal.com

 

  1. 1.      ACCESS TO THE APPLICATION

 

a. Who can use it?

 

To access and use the Application you need to be at least 16 years of age.

 

b. How to download and access it?

 

The Application shall be delivered solely via electronic download from Apple App Store (iOS) or GOOGLE PLAY (each a "Platform"). You may download from the Platform (i) a copy of the Application; and (ii) install it on the device as per the instructions provided during the installation and/or posted on the Platform.

 

Access to the Application and/or certain sections of the Application may require the use of PIN codes. In such case it is up to you to take the necessary steps to keep such codes secret. You may naturally change them at any time. However, the number of attempts to access the Application and/or certain sections of the Application may be limited in order to prevent any fraudulent use of such codes. Please inform Us of any fraudulent use that you become aware of.

 

 

c. On what device?

 

The installation and use of the Application require a compatible device with an Internet connection. The following operating systems are compatible: iOS and ANDROID.

 

You are responsible for the operation related to the required device, as well as any telecommunication expenses incurred in connection with the installation of, access to and downloading of, the Application.

 

Your operator may charge you additional expenses for accessing the Internet from a mobile phone or tablet.

You are responsible for any network or roaming costs in connection with the Application updates.

 

In the event of any breach of the rules set forth under these Terms of Use, We reserve the right to suspend your access.

 

d. At what price?

 

We hereby grant you, free of charge, the Licence to use the Application on the terms set out in Section 2.

 

  1. 2.      LICENCE AND USE

 

  1. The "Licence"

 

Subject to compliance with these Terms of Use, We grant you a personal, free of charge, non-assignable, non-exclusive, revocable and non-transferable right to use  the Application, the Downloadable Content (as defined below) and the "Result" (being User Content (as defined below) or other data modified and/or processed by the Application or within the framework of the Application, including any recommendations derived from such data) exclusively for personal, non-commercial, private, informational purposes (the "Purpose"). The territory for which the Application user Licence described in this Section 2.a. (the "Licence") is granted shall be within the United Kingdom and the Republic of Ireland.

 

We may make available to you via the Application content including (but not limited to) text, content, software, sound, graphics, photographs, illustrations, artwork, names, logos, trademarks, service marks and other material  that you are authorised to download (the "Downloadable Content"). We grant you free of charge, a non-exclusive and non-transferable right to use the Downloadable Content for the Purpose. Any reproduction, representation, modification or distribution of the Application shall be prohibited. By downloading or using such Downloadable Content for the Purpose, you agree to use them in accordance with these Terms of Use.

 

 

  1. Applicable requirements

 

You recognise and accept that the Application, the Downloadable Content and/or the Result are subject to intellectual property rights and/or image rights and/or other rights of ownership and are only made available within the framework of the Licence and for the Purpose.

 

The Downloadable Content includes both content owned or controlled by Us and content owned or controlled by third parties and licenced to Us. All such rights are reserved. You agree to abide by all applicable copyright laws and by all additional copyright notices or restrictions contained in the Application. You may not use any trademarks or trade names contained in the Application without prior express written consent and you acknowledge that you have no ownership rights in and to any of those names and marks.

 

Any reproduction, in whole or in part, of the Application, the Downloadable Content, the Result, or any item included in any of the same, by any process and on any media whatsoever, for, purposes other than the Purpose is expressly prohibited. In particular, you must not use any part of the Application or the Downloadable  Content for commercial purposes without obtaining a licence to do so from Us or from our licensors.

 

You agree not to: 

 

(a) Duplicate, copy or use the Application for any purposes other than the Purpose and except as authorised under these Terms of Use.

(b) Attempt (or encourage or support others' attempts) to reverse engineer, disassemble or decompile the Application.

(c) Adapt, correct, update or alter the Application in any way.

(d) Create any derivative work based on all or any part of the Application.

(e) Disclose or publish the results of performance tests on the Application without our prior written consent.

(f) Lease or sub-licence the Application to any third party.

(g) Mask, remove or alter any notice or reference to our proprietary rights.

(h) Correct any error, anomaly, bug or other malfunction or failure affecting the Application.

(i) Scrape, data mine, use bots or use anything else to gather or extract data.

(j) Install the Application if you are in a country outside of the United Kingdom.

(k) Use the Application and/or publish any content via the Application depicting any third parties and/or works protected under intellectual property rights, without the prior express consent of the right holder(s). 

 

The Licence shall be effective upon your use of the Application (or, as applicable, when clicking on the "I

Accept" (or equivalent) button located before your access to the Application) and shall continue in effect

until termination of the Licence by Us in accordance with Section 9 (Term and Termination).

 

  1. 3.      USER CONTENT

 

We may make available via the Application a space dedicated to user content, such as text, photos, videos, opinions, etc. ("User Content").

 

You must secure all the necessary authorisations and rights from any relevant rights holders in connection with any User Content you may wish to post via the Application, including any and all intellectual property rights and/or literary, artistic and/or industrial property rights, and publicity rights (including the right to one's image), to allow your use of such content. For example, you must secure the rights in and to any content (especially photographs) showing recent architectural items, advertising designs or apparel designs that might appear (acronyms, logos, etc.).

 

By posting User Content via the Application, you hereby grant Us a perpetual, royalty-free, irrevocable, non-exclusive, worldwide licence to reproduce, display, use, copy, modify, adapt, edit, distribute, translate, create derivative works from, incorporate into other works, distribute such User Content (in whole or in part).

 

In particular, you authorise Us to use the User Content for all in-house or external, corporate or financial communication purposes, advertising, and for all public relations, historical or archival purposes, of the L'ORÉAL group or its affiliates, its products and/or its brands, particularly on the following media:

 

  • Posting in all format, in unlimited quantity,
  • The written press, unlimited number of publications,
  • Publishing, unlimited number of publications, particularly publishing for purposes of in-house communication, including sales force and distribution network (wholesalers, retailers, agents, etc.), events, leaflets for congresses, tradeshows, stands; marketing communications, in the professional press, for an unlimited number of publications and/or quantities;
  • Electronic, IT, digital, multimedia, Internet and Intranet publishing, via any applications (whatever the application and/or medium, including social networks such as Facebook, Twitter, YouTube or Dailymotion), unlimited number of inserts and broadcasts,
  • via any advertising media (including by way of advertising at retail outlets and on the L'ORÉAL group brand products (the "Media").

 

You authorise Us to adapt your User Content as initially provided and/or make any such clarification to the User Content as We may consider appropriate, provided that we will not alter your image or words.

 

Further, the use of User Content may come with such anonymised information as your city, country or age, and/or, if you expressly authorised it, information allowing your identification such as your first name, or your alias.

 

You are responsible for any User Content that you publish via the Application and for ensuring that such User Content does not conflict with applicable legislation, accepted standards of morality, the principles stated in these Terms of Use and in particular Section 4 (Code of Conduct).  In this regard, We reserve the right to remove at any time any such User Content as may not comply with these Terms of Use.

 

In addition, if you access User Content created by another user, you must respect the rights of that user. In particular, you must not reproduce or distribute User Content created by another user on any other medium without the relevant user's prior consent.

 

  1. 4.      CODE OF CONDUCT

 

You shall be solely responsible for the Results you create with the Application. These are entirely your choice and you have exclusive liability for any third party claims relating to the use of the Results.

 

By using the Application, you agree not to:

 

  • Convey any racist, violent, xenophobic, malicious, rude, obscene or unlawful comments;

 

  • Disseminate any content that may be harmful, defamatory, unauthorised, malicious or in breach on privacy or publicity rights, inciting violence, racial or ethnic hatred or qualify as gross indecency or incitement to commit certain crimes or offences;

 

  • Use the Application for political, propaganda or preaching purposes;

 

  • Publish any content advertising or promoting any products and/or services competing with the brand(s) displayed on the Application;

 

  • Disseminate any information that may directly or indirectly allow the nominal and specific identification of an individual without prior and express consent, such as their last name, postal address, email address, telephone number;

 

  • Disseminate any information or content that may be upsetting for children;

 

  • Intimidate or harass others;

 

  • Conduct illegal activities;

 

  • Breach any provision of Section 2 (Licence and Use);

 

  • Post content which is inaccurate or misleading;

 

  • Breach any provision of Section 3 (User Content); and

 

  • Disseminate content (including photographs and videos) portraying minors.

 

If you become aware of any such User Content as may condone crimes against humanity, incite racial hatred and/or violence, or relate to child pornography, you shall immediately notify Us at the following email address UKconsumeradvice@loreal.com, or by sending a notice to the address set out below.

 

In addition, if you consider that any User Content is in breach of the principles listed above, of your rights or any third party's rights (e.g., any infringement, insult, breach of privacy), you may send a notice to the following email address: UKconsumeradvice@loreal.com, or by sending a notice to the address set out below.

 

The relevant address for the purposes of the two preceding paragraphs is:

 

La Roche-Posay

L'Oréal (UK) Limited

255 Hammersmith Road,

London

W6 8AZ.

 

You must specify in your notice the date on which you discovered said content, your identity, the URL, description of the disputed content and the user ID of the author. Such notice must contain:

 

  • the date of the notice;
  • if the sender is an individual: last name, first and middle names, occupation, address, nationality, date and place of birth;
  •             the addressee's name and address or, if a legal entity, its corporate name and registered offices;
  •             a description and specific location of the reported facts (e.g., URL link to the reported content;
  •             the reasons why such content should be removed, including an indication of the legal provisions and qualification (justifications) applicable to the facts;
  •             a copy of any correspondence sent to the author or publisher of the reported information or activities requesting their interruption, removal or alteration, or justification that the author or publisher could not be reached.

 

We will determine, in our discretion, whether there has been a breach of this Section  4 ( Code of Conduct) through your use of the Application. When a breach of these Terms of Use has occurred, We may take such action as We deem appropriate, which may result in our taking all or any of the following actions:

 

  • Immediate, temporary or permanent withdrawal of your right to use the Application.
  • Immediate, temporary or permanent removal of any posting or material uploaded by you to the  Application.
  • Issue of a warning to you.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as We reasonably feel is necessary.

 

  1. 5.       INFORMATION CONTAINED ON THE APPLICATION

 

  1. General provisions

 

We try to provide you with accurate and up to date information, however, inaccuracies and omissions may

appear in the information available on the Application. Please inform Us about any error or omission at the

following e-mail UKconsumeradvice@loreal.com.

 

  1. Hypertext links

 

The hypertext links included on the Application may lead you to websites published by third parties and content. Such hypertext links should not be interpreted as approval by Us of those linked websites or information you may obtain from them. We have no control over the contents of those websites or resources.

 

  1. 6.      PERSONAL DATA

 

We do currently not collect any personal data such as your name, address, telephone number, email, age, date of birth, via the Application. We may collect your IP address and type of browser for our systems administration and/or statistics purposes, without identifying this or any other personal data.

 

The Application may also collect anonymous statistics and crash reports which we use to improve the

Application and our services. None of this information can be used to identify you.

 

 

  1. 7.      AMENDMENT TO THE APPLICATION AND THE TERMS OF USE

 

We may amend the contents andinformation included on the Application as well these Terms of Use, particularly for purposes of compliance with any changes in applicable legislation and/or regulations and/or to improve the Application.

 

Any amendment shall be notified to you via the Application before becoming effective under these Terms of Use.  Unless the amendment requires your express approval, your continued use of the Application shall be deemed as your acceptance of the new Terms of Use.   

 

  1. 8.      LIMITATION OF LIABILITY

 

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

 

You agree not to use the Application for any purpose other than the Purpose. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 

If defective digital content that We have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, We will either repair the damage or pay you compensation. However, We will not be liable for damage that you could have avoided by following our advice

to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

                               

  1. 9.      TERM AND TERMINATION

 

The Terms of Use shall take effect on the date on which you first install, access, use, or accept the Terms of Use and shall remain in force throughout your use of the Application.

 

We may in our sole discretion (acting reasonably) terminate or suspend your account and/or suspend or terminate your access to the Application if (i) you are in material or persistent breach of these Terms of Use or other policies or terms which apply to your use of the Application or We have reasonable grounds to suspect that any such breach has occurred; or (ii) you are in breach of any applicable law or regulation or We have reasonable grounds to suspect such breach has occurred.

 

We also reserve the right (acting reasonably) to modify, suspend or discontinue your access to  the Application, at any time for business or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

 

  1. 10.   WAIVER AND SEVERANCE

 

If We fail to insist that you perform any of your obligations under these Terms of Use, or if We do not enforce our rights against you, or 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 these obligations.

 

If We do waive a default by you, We will only do so in writing, and that does not mean that We will automatically waive any subsequent default by you.

 

Each of the conditions of these Terms of Use 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.

 

  1. 11.   APPLICABLE LAW AND ATTRIBUTION OF JURISDICTION

 

These terms of use for the Application and our relationship with you shall be governed by the laws of England.

 

Any proceedings in connection with or related to the Application or any dispute as to the validity, interpretation and/or performance of these terms of use shall be subject to the exclusive jurisdiction of England. If you live in Scotland you can bring legal proceedings in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in either the Northern Irish or the English courts.      

 

 

 

 

 

 

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