Terms Of Use And Privacy Information For The Application Nutrisse Shade Finder

Welcome to the Garnier Nutrisse Shade Finder App, to help you find your perfect hair colour. Simply take a photo of yourself, answer a few simple questions and virtually try on a range of hair colours, to find your perfect Nutrisse shade.

Garnier reserves the right to supplement, amend or delete the terms of use (hereinafter the "Terms of Use") set forth below at any time and without prior notice. In the event the Terms of Use are amended, Garnier undertakes to post an updated version on the page for this application.

The information contained in this application is provided strictly for information purposes, and shall in no event be deemed a legal obligation or contractual agreement of Garnier, which furthermore reserves the right to modify the characteristics thereof.

    1. General Information

    You are currently connected to the Application made available by Garnier:

    Company Name: L’Oréal (UK) Limited acting through its trading division Garnier, a private limited company registered in England and Wales ("Garnier", "we", "our").
    Registered Office: 255 Hammersmith Road, London W6 8AZ
    Tel : +44 (0) 208 762 4000


    This Application has been developed by Garnier and is a creation protected by intellectual property rights. By making use of this Application, the User shall be deemed to have agreed, without reserve, to comply with these Terms of Use as well as our instructions as to data confidentiality.

    2. Definitions

    For the purposes hereof:

    " Garnier" or "we" or "our" shall mean the owner of the Platform, as identified in the terms of use for such Platform.
    " Application" or “App” shall mean the virtual hair shade finder tool furnished on the Platform.
    " Application Content" shall mean the components and content furnished with the Application and/or included therein as defined in paragraph 4.
    " Platform" shall mean any platform (e.g.: Android, iOS Device, mobile and/or tablet application, etc.) on which the Application is made available.
    " Result(s)" shall mean the User's Content as modified and/or processed by the Application or within the framework thereof.
    " User" or "you" shall mean any person, aged over 16 years old, who uses the Application and/or the Application Content on the Platform and/or who accesses it.
    " User Content" shall mean any User’s photos, information, reviews and other content uploaded to the Application and used to generate the Results.

    3. Access to and use of the Application

    Full instructions on how to use and generate Results are available within the Application.

    a. General provisions

    In order to access the Application and to make use thereof, you will be asked (i) to provide information related to your user profile (including your name, email address,and photo, or if you login is using social login, the information that you have chosen to share from your social media profile) and to click upon the button "I Agree" (or an equivalent) in order to indicate your acceptance of these Terms of Use.

    By accessing the Application, downloading it, installing it and using it you become a User. You agree to be bound by the Terms of Use, which you represent that you have read and understood. You are only authorized to use and access the Application for personal use and not for commercial purposes.

    You may access the Application free of charge; no purchase is necessary but the Application will need to be downloaded from the app store or Google Play for which internet access is required. Currently, the Application is compatible with devices using iOS 8.3 and above or Android 4.4.2 and above. Access to the Internet using a mobile telephone and/or tablet may result in you incurring additional charges from your service provider. In no event shall we be liable for any network and/or roaming charges relating to updates to the Application.

    No matter where you decide to access the Application, you do so at your own risk and subject to the obligation to comply with local laws and regulations.

    b. Models and content furnished by the Application

    The Application may make certain Application Content available to you (including models and content related to our cosmetic products and/or brands). You recognize and accept that such Application Content is subject to intellectual property rights and/or image rights and/or other rights of ownership and is only made available within the framework of the License and in conformity with the Purpose (as defined below). In consequence, any reproduction and/or performance, in whole or in part, of such Application Content, or any item included therein, by any process and on any media whatsoever, for, purposes other than those that are specifically described in these Terms of Use is expressly prohibited.

    4. Intellectual Property

    The Application, and the Application Content including (but not limited to) text, content, software, sound, graphics, photographs, illustrations, artwork, names, logos, trademarks, service marks and other material is protected by copyright, trademark and/or other proprietary rights. The Application Content includes both content owned or controlled by Garnier and content owned or controlled by third parties and licensed to Garnier. 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. You must not use any part of the Application Content on our App for commercial purposes without obtaining a licence to do so from us or from our licensors.

    5. License and Purpose

    The Application, the Application Content and the Result are made available to User under the following terms:

    We grant you a personal, free of charge, non-assignable, non-exclusive and non-transferable right to use the Application, the Application Content and the Result for the sole purpose of virtually testing our cosmetic hair colour products on the Application Content and/or User Content and for User’s own personal, non-commercial and private requirements (the "Purpose").

    You acknowledge and agree that using the Application, the Application Content and/or the Result other than in strict compliance with the Purpose and as expressly authorized in this License may cause harm to us and/or our licensors and/or other right holders (including without limitation the models) and you shall in this case be solely responsible for any such unauthorized use of the Application, the Application Content and/or the Result.

    You accept that you do not acquire any other right, of any nature whatsoever, other than that granted pursuant to the terms of this license. 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 the App or Application Content.

    Any representation, reproduction, modification, alteration, of all or part of the App, by any means and in any medium whatsoever, without express prior permission, is prohibited and subject to the criminal and civil liability of its author.

    This License shall be effective upon User’s use of the Application (or, as applicable, when clicking on the “I Accept” (or equivalent) button located before User’s access to the Application) and shall continue in effect until termination of the License by us. We may, at any time, terminate the License and your access to all or part of the Application without any advance notice. We may also change or discontinue at our discretion any or all of Application’s services at any time, or modify these Terms and Conditions (including the License) at any time.

    6. Acceptable Use of the Application

    a. User Content and Result

    You may solely use and/or upload User Content and/or Result suitable for the Application. You may not use User Content and/or Result that (i) is prejudicial, threatening, harassing, offensive, illegal, defamatory, non-authorized, abusive, injurious, libelous, malicious, vulgar, hateful, obscene or fraudulent, false or misleading, (ii) represents someone who did not authorize such submission; (iii) violates the privacy or image and publicity rights of others; (iv) violates the property, proprietary or intellectual property rights (including copyright and trademark rights) of others or (v) directly or indirectly makes references to our competitors.

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

    You hereby represent and warrant to us that (i) you own or have all the necessary rights and/or authorizations to use and/or upload the User Content and/or Result (ii) all information and/or User Content and/or Result you post or submit for posting is accurate and not misleading.

    We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our Application. When a breach of this policy has occurred, we may take such action as we deem appropriate, and may result in our taking all or any of the following actions:

    • Immediate, temporary or permanent withdrawal of your right to use our Application.
    • Immediate, temporary or permanent removal of any posting or material uploaded by you to our Application.
    • Issue of a warning to you.
    • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
    • Further legal action against you.
    • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
    We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

    b. License on User Content and Result

    If you choose to post your Result or User Content on the Nutrisse Club, you hereby grant to us a royalty-free, worldwide, perpetual, irrevocable, non-exclusive and sub-licensable right and license to use, edit, copy, adapt, download, distribute, modify and make derivative works from the User Content and/or Result and/or to display such User Content and/or Result and any modification or derivative work thereof within the Nutrisse Shade Finder App.

    c. Application provided models and content

    The Application may make available to you some Application Content (especially but without limitation models and content related to our cosmetic products and/or brands). You acknowledge and agree that such Application Contents are subject to intellectual property law and/or image rights and/or other proprietary rights and are made available solely within the scope of the License and in compliance with the Purpose. Therefore any reproduction and/or representation, in whole or in part, of the Application Content, or of any of the items of which they comprise, on any media whatsoever, for other purposes than expressly describe in these Terms & Conditions is expressly prohibited.

    d. User Reviews

    The Application also enables users to leave reviews. Garnier grants you a licence to use this service for your personal use in accordance with these terms. This free, non-exclusive and non-transferable licence allows you to use the review service to review the products listed on the Application and not for any other purposes. Garnier shall not be held responsible for any content created by you on the Application. You are not allowed to copy or reproduce the user review service or any other element of the Application or take any action with a view to distributing or reproducing the Application or review service or any content.

    By posting a review on this Application you represent and warrant that:

    • you are the author of the comment, that you are not stealing the identity of another person, and you are not using a false email address or otherwise being misleading as to the origin of your comment; your comment is your original work and does not infringe the intellectual property rights of third parties;
    • you hereby waive all moral rights and any intellectual property rights that would have otherwise vested in you pursuant to the Copyright, Design and Patents and Act 1988;
    • all content that you post is truthful and accurate;
    • you are at least 16 years old;
    • your comment complies with these Terms of Use.
    You further agree and warrant that you shall not submit any content:
    • that identifies you to other consumers (so please do not use your full name within your review and instead just your first name or a username);
    • that is known by you to be false, inaccurate or misleading;
    • that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights;
    • that contains any information about Garnier’s competitors or their products (namely other manufacturers and/or distributors and/or retailers of haircare products);
    • that contains any pricing information;
    • that refers to a third party individual without their prior express consent;
    • that violates any law, statute, or regulation (including, but not limited to, those governing intellectual property, consumer protection, unfair competition, anti-discrimination or advertising);
    • that is, or may reasonably be considered to be illegal, defamatory, libellous, abusive, hateful, harassing, racially or religiously inappropriate, offensive, inciting of violence, fraudulent, invasive of privacy, threatening, or otherwise injurious to third parties or objectionable;
    • that consists of or contains political campaigning, commercial solicitation, chain letters, mass mailings or other forms of “spam”;
    • that is unrelated to the purpose of reviewing the products listed on the Application;
    • which contains any swearing, sexual innuendo or sexual language or which promotes or incites the perpetration of any unlawful activity such as drug-taking;
    • for which you will derive any compensated or monetary benefit by any third party or which could be construed as an advertisement or solicitation to buy (which shall include any content that directs business away from Garnier);
    • that includes any information that references other websites, URL addresses, email addresses, contact information or phone numbers;
    • that contains any actual computer viruses or other potentially disruptive or damaging computer programs or files, or , or instructions on how to create the same.
    Garnier reserves the right to change, edit or delete any comment submitted by you to its website that Garnier deems, in its sole discretion, to violate these Terms of Use. Garnier reserves the right not to publish or to remove any comment submitted by any user for any reason. In addition, it reserves the right not to publish or to remove:

    • duplicate content;
    • blank reviews;
    • reviews in a language that is not English;
    • any unintelligible content (such as content that contains random characters and meaningless word strings).
    Garnier has the right to limit or suspend access to any user that is in breach of these Terms of Use.

    Garnier cannot guarantee that you will be able to edit or delete any content you have submitted. Garnier reserves the right to remove any submission if it does not comply with these Terms of Use.

    If you have any concerns or complaints about any Garnier products and their application to you, please contact our Consumer Advisory Department on UKconsumeradvice@loreal.com. Garnier reserves the right to refer your review to its Consumer Advisory Department rather than publishing it if it believes that your comment would be better handled in this way.

    The user review service may be unavailable from time to time for maintenance or other technical reasons and Garnier cannot take any responsibility for any errors, omissions, interruptions, deletions or delays that may be experienced by users when accessing the review service.

    For any comments that you post, you grant Garnier a perpetual, irrevocable, worldwide, royalty-free, fully sub-licensable and transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and distribute such content and/or incorporate such content into any form, medium or technology, including Garnier’s social media pages, together with your username or first name and location.

    You agree to perform all further acts necessary to perfect any of the above rights granted by you to Garnier including the execution of deeds and documents, at its request.

    You agree to indemnify, keep indemnified and hold Garnier (which shall include its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all losses, claims, demands, and damages (actual and consequential) of every kind and nature, direct or indirect including reasonable legal fees, which are incurred by Garnier for any breach of your representations and warranties set forth above.

    Garnier reserves the right to suspend the user review at any time without notice.

    7. Information contained on the App

    a. 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 this Application. Please inform us about any error or omission at the following e-mail UKconsumeradvice@loreal.com.

    b. Information on the products and services

    Unless provided otherwise, the products and services which are presented to you do not constitute an offer of sale but a general presentation of the range of the products and services that we distribute in the country in which this Application is available.

    c. Advice and diagnostic tools

    All the Results of the Application are only given for information and simulation purposes. We will not be held liable for any inaccuracies with the results of the Application. The information provided by the Application can in no event replace qualified professional clinical consultation, nor substitute for medical treatment or professional hair services

    In consequence, we cannot guarantee your entire satisfaction with respect to the advice that results from the use of such tools and assume no liability for the use that you may make of it.

    d. Hypertext links

    The hypertext links implemented on the Application may take you to websites published by third parties as to which we do not control the content. In consequence, and to the extent these hypertext links have been included on this Application in order to facilitate your navigation of the Internet, the consultation of such third party websites is entirely your choice and your exclusive liability.

    8. Personal Data & Privacy

    We may collect your personal data, including your name, email address, other information provided when you register, and any User Content you post to the Application. We collect this information when you: (i) register to use the Applicationl; or (ii) when you upload or post User Content on the Application; or (iii) when you contact us through the Application either directly or as redirected through the Garnier.co.uk website. If you want to take photos with the Application, then you must allow access to your device’s camera. The Application will not access any of your photos or other information on your device.

    We may use your personal data in the following ways:

    • To manage your registration so that you can login and use the Application;
    • To contact you about your use of the Application, including any User Content you post. We will not contact you with any marketing unless you have separately agreed to this;
    • To respond to any contact or request from you - if you send us a message, your data is kept and used to send a response to, and manage, your request;
    Any personal data collected will be used in accordance with our Privacy Policy.

    Your data will be stored securely by us, or by authorized third parties who work on our behalf. We will not use your personal data in any way which is not explained in these Terms of Use unless you agree or we are permitted to do so by law.

    You acknowledge and agree that your personal data may be transferred outside of the European Union (as currently construed at the date of the Application launch), and to trusted third-party contractors and service providers who work on our behalf.

    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.

    You have a right to access, correction, addition and deletion of your personal data. Please see our Privacy Policy for further details, or contact us at UKconsumeradvice@loreal.com.

    9. Language

    These Terms of Use have been drafted in English. You agree that you have read and understood these Terms of Use and have been fully informed of the rights and obligations that arise from them.

    10. Limitation on Liability and Indemnity

    You acknowledge and agree that you have been informed that the Application, the Application Content and/or the Result is provided “as is” and more particularly you recognize that:

    • The Use of the Application is at your sole risk;
    • We and/or our licensors provide no warranties whatsoever, including, but not limited to, those with respect to hidden defects, conformity, fitness for a particular use or purpose, and non-infringement and do not warrant that the Application, the Application Content and/or Result (i) conforms to the requirements or preferences of the User or its computer environment or its internet/telecommunication connection; (ii) is efficient, available, accurate, uninterrupted, secure, error free or without risk of error or; (iii) is free of infection by viruses, worms, Trojan horses or anything else manifesting contaminating or destructive properties, containing no material which some individuals may deem objectionable, suitable for any purpose; (iv) the Result or any subsequent results on the User whether in a professional hair salon or elsewhere will be satisfactory to you and/or meet your requirements upon the actual purchase of any products or services you deem appropriate to achieve the Result and/or will be realistic. All the Results of the Application are only given for information and simulation purposes. In no case could we be held liable for any inaccuracies with the results of the Application or quality of the hair services provided by hairdressers in partner salons or elsewhere;
    • You agree to hold harmless and indemnify Garnier, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners from and against any claim arising from or in any way related to (a) your breach of these Terms of Use, (b) your use of the User Content, Application or the Results or (c) your violation of applicable laws, rules or regulations in connection with the User Content, Application or the Results. In such a case, we will provide you with written notice of such claim, suit or action.
    • You agree that Garnier will not be liable for any direct or indirect damages resulting from the access or use of the App, the Results or the use of the products recommended under the latter. This limitation of liability applies to L'OREAL, its subsidiaries, directors, agents, contractors, officials and employees.

    11. Term and Termination

    The Terms of Use shall take effect on the date on which you have accepted them and shall remain in force throughout your use of the Application. We may withdraw the Application at any time. You agree that we shall have no liability and that the exercise of such discretionary power shall not result in any payment or compensation whatsoever to you or to any other person.

    12. Waiver and Severance

    If Garnier fails to insist that you perform any of your obligations under these Terms of Use, or if Garnier does not enforce its rights against you, or it delays in doing so, that will not mean that Garnier has waived its rights against you and will not mean that you do not have to comply with these obligations. If Garnier does waive a default by you, it will only do so in writing, and that does not mean that Garnier will automatically waive any subsequent default by you.

    Each of the conditions of these TOS 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.

    13. 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 this 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.