Website Application

Garnier Colour Match Virtual Try It On App Terms of Use

INTRODUCTION

Welcome to the Garnier Color Match application dedicated to finding your hair colour match via a diagnostic and virtual try-on (the "Application") developed by Garnier, a trading division of 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 carefully read these terms of use which (together with any documents referred to in them) 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 the Terms of Use. If you do not accept any part of the Terms of Use, please do not use the Application. We recommend that you save or print a copy of the Terms of Use for future reference.

 

Virtual Try On Functionality Available within the Website 

The Website allows you to use the Virtual Try On functionality. This is an online service capable of try-on simulations on live video and photos across selected Garnier hair colour products. The Website provides an illustration of the effect of applying a particular product (e.g. hair colour), and does not constitute a guarantee that the result will be exactly the same tone, colour and/or result when you apply the product. We will not be held liable for any inaccuracies with the results of the Website. The information provided by the Website can in no event replace qualified professional clinical consultation, nor substitute for medical treatment or professional hair services.

You can choose to use the live service (using your device webcam) or to use an existing picture (which will be uploaded from your device) and then, based on the product you would like to try on, you will be provided with your image results. You have the possibility to share the image and the product recommendations via email and you will also have the opportunity to subscribe to the newsletter.  

You will have no obligation to purchase such products that are recommended or otherwise referenced through this feature and L'Oréal does not guarantee the availability of any such products.   

L'Oréal does not guarantee that this feature will be available outside of the United Kingdom and the Republic of Ireland.  

You are free not to use this service.  

 

OTHER APPLICABLE TERMS

These Terms of Use may refer to the following additional policies, which also apply to the use of our Application:

If you purchase goods via our Application, the Terms and Conditions of Sale of the retailer you purchase from will apply to the sales.

From time to time we may run competitions and promotions via the Application. Separate terms and conditions will be posted where applicable governing such competitions and promotions.

 

DISCLAIMER

The content on the Application is provided to allow you to explore the range of Garnier hair colour shades, and is for general information only. It is not intended to amount to content on which you should rely.

Represented results are for illustrative purposes only. Individual results will vary.

The information that the Application delivers is strictly for illustrative purposes and shall in no event replace a  professional consultation, nor be substituted for  obtaining expert cosmetics advice. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Application.

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

We cannot guarantee your entire satisfaction with the images that result from the use of the Application. To the maximum extent permitted by law, we exclude all liability for any use you make of the Application.

We are responsible to you only for foreseeable loss and damaged caused by Us. If we fail to comply with our obligations under these Terms of Use, we are only responsible for loss or damage you suffer as a foreseeable result of Us infringing these Terms of Use or our failure to use reasonable care and skill. We are not responsible for any loss or damage that is not foreseeable.



CONTACT US

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

Garnier
L'Oréal (UK) Limited
255 Hammersmith Road,
London
W6 8AZ
You can also contact Us via email at: [email protected]

  1. ACCESS TO THE APPLICATION

(a) Who can use it?

To access and use this Application you need to be an adult of at least 16 years of age or older. If you are a minor, your parental or guardian prior authorisation shall be required. 

As correct on 17/10/18 You may freely use the Application, without being required to sign in or create an account.

(b) How to download and access it?

The Application shall be delivered solely via electronic download from the 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.

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 may limit the number of attempts you make to access the Application and/or certain section thereof order to prevent any fraudulent use of such codes.  Please inform Us of any fraudulent use that you may become aware of. In the event of any breach of the rules set forth under these Terms of Use, 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 at [email protected]

(c) On what device?

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

You are responsible for the operation of the compatible 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 in the 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 of set out in Section 2 (Licence and Use).

  1. LICENCE AND USE

(a) Licence and Download Rights

In relation to the use of the Virtual Try On functionality available within the Website, you grant to L'Oréal a royalty free, non-exclusive, transferrable, sub-licensable, irrevocable licence to use any image that you upload to the Website for the purpose of providing you with the Virtual Try On functionality.  

L'Oréal grant you a limited non-exclusive, non-transferrable, revocable licence to use the Virtual Try On functionality available on the website in the United Kingdom and the Republic of Ireland, solely for the purposes anticipated in the following section (Virtual Try On functionality available within the website). This licence is granted to you free of charge.  
 
By uploading an image to the Virtual Try On feature of the Website, you affirm, represent and warrant that you are the owner of, or have the necessary licences, rights, consents and permissions to use and to authorise L'Oréal to use such image as necessary to exercise the licence granted by you in these Terms.  

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, 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 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.

In relation to the use of the Color Match Virtual Try It On functionality, you grant to L'Oréal a royalty free, non-exclusive, transferrable, sub-licensable, irrevocable licence to use any image that you upload for the purpose of providing you with the Try It On functionality.  

By uploading an image to the feature of the Application, you affirm, represent and warrant that you are the owner of, or have the necessary licences, rights, consents and permissions to use and to authorise L'Oréal to use such image as necessary to exercise the licence granted by you in these Terms.

(b) 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: 

  1. duplicate, copy or use the Application for any purposes other than the Purpose and except as authorised under these Terms of Use;
  2. attempt (or encourage or support others' attempts) to reverse engineer, disassemble or decompile the Application;
  3. adapt, correct, update or alter the Application in any way;
  4. create any derivative work based on all or any part of the Application;
  5. disclose or publish the results of performance tests on the Application without our prior written consent;
  6. lease or sub-licence the Application to any third party;
  7. mask, remove or alter any notice or reference to our proprietary rights;
  8. correct any error, anomaly, bug or other malfunction or failure affecting the Application;
  9. scrape, data mine, use bots or use anything else to gather or extract data;
  10. install the Application if you are in a country outside of United Kingdom and Republic of Ireland and/or
  11. 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. USER CONTENT

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

You must secure all the necessary authorisations, consents, 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.).

The following content standards apply to any and all User Content which you contribute to our Application and to any interactive services associated with it.

You must comply with the spirit and the letter of the following standards.  The standards apply to each part of any contribution as well as to its whole.

User Content must:

  • Be accurate (where it states facts);
  • Be genuinely held (where it states opinions)
  • Comply with applicable law in the UK and in any country from which it is posted.

User Content must not:

  • Contain any material which is malicious or defamatory of any person;
  • Contain any material which is rude, obscene, offensive, hateful or inflammatory.
  • Promote sexually explicit material.
  • Promote violence.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any copyright, database right or trade mark of any other person.
  • Be likely to deceive any person.
  • Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Promote any illegal activity.
  • Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
  • Be likely to harass, upset, intimidate, embarrass, alarm or annoy any other person.
  • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
  • Give the impression that they emanate from Us, if this is not the case.
  • Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
  • Use any third party intellectual property without prior authorisation.
  • Use the Application for political, propaganda or proselytizing purposes.
  • Divert the Application from its intended purpose, including by using it as a dating service.
  • Disseminate any information or content that may be upsetting for minors.
  • Contain 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 their prior and express consent, such as their last name, postal address, email address, telephone number.

Please inform Us of any User Content which appears contrary to applicable legislation in force and/or to accepted standards of morality and/or the above the standards and/or which infringes the rights of others, at the following address [email protected]

You are responsible for any User Content that you publish via the Application and for ensuring that the User Content does not conflict with applicable legislation, accepted standards of morality, or these Terms of Use. We reserve the right to remove at any time any such User Content that does not comply with these Terms of Use.

By posting User Content via the Application, you hereby grant Us a perpetual, sub-licensable, 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, and/or distribute such User Content, in whole or in part.

You authorise Us to use the User Content for all in-house, external, corporate communication, financial communication, advertising, public relations, historical or archival purposes, of the L'Oréal group or its affiliates, products and/or brands, in any media formats and through any media and social media channels (now known or hereafter developed).

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.

  1. CODE OF CONDUCT

You shall be solely responsible for the content you create with the Application. You have exclusive liability for any third party claims relating to the use of the content using the Application. You shall not:

  1. convey any racist, violent, xenophobic, malicious, rude, obscene or unlawful comments.
  2. disseminate any content that may be harmful, defamatory, unauthorised, malicious or in breach of privacy or publicity rights, inciting violence, racial or ethnic hatred or qualify as gross indecency or incitement to commit certain crimes or offences.
  3. use the Application for political, propaganda or preaching purposes.
  4. publish any content advertising or promoting any products and/or services competing with the brand(s) displayed on the Application.
  5. 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.
  6. disseminate any information or content that may be upsetting for children.
  7. intimidate or harass others.
  8. conduct illegal activities.
  9. breach any provision of Section 2 (Licence and Use).
  10. post content which is inaccurate or misleading.
  11. breach any provision of Section 3 (User Content);
  12. disseminate content (including photographs and videos) portraying minors.

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

  1. enforce immediate, temporary or permanent withdrawal of your right to use the Application;
  2. enforce immediate, temporary or permanent removal of any posting or material uploaded by you to the Application;
  3. issue a warning to you;
  4. take further legal action against you; and/or
  5. disclose such information to law enforcement authorities as We reasonably feel is necessary.

 

  1. INFORMATION CONTAINED ON THE APPLICATION

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 of any error or omissions at [email protected]

 

Hypertext links

The hypertext links included on the Application may lead you to websites or resources published, monitored, or hosted by third parties and content which We do not control. 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. PERSONAL DATA

In relation to the Color Match Try It On functionality on the Application, your personal data will not be collected, stored or otherwise processed by L'Oréal. Please note however, that where you are able to share your image, with a third party e.g. a social media provider, L’Oréal may temporarily store your image in order to provide your chosen service. For further information about how any personal data we collect from you or that you provide to us will be processed, please see our Privacy Policy.

Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. 
In relation to the Virtual Try On functionality on the Website, your personal data will not be collected, stored or otherwise processed by L'Oréal. Please note however, that where you are able to share your image, with a third party e.g. a social media provider, L’Oréal may temporarily store your image in order to provide your chosen service. For further information about how any personal data we collect from you or that you provide to us will be processed, please see our  Privacy Policy.  

 

 

  1. AMENDMENT TO THE APPLICATION AND THE TERMS OF US

We may amend the contents and information 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. 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. 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. WAIVER AND SEVERANCE

If We do not 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. 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 jurisdiction of the laws of England and Wales. 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.

 

Terms Of Use And Privacy Information For The Application Garnier Colour Match

Welcome to the Garnier Color Match 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 Garnier 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 Garnier Color Match 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 Garnier Color Match 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 [email protected]. 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 [email protected]

    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 [email protected].

    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.

 

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 [email protected]. 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 [email protected]

    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 [email protected].

    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.

Promotional Terms

LITTLE MOONS COMMENT-TO-WIN PRIZE DRAW PROMOTION

  • Promotion Name and Description
    Garnier x Little Moons comment-to-win prize draw.
  • Promoter
    GarnierUK, a trading division of L’Oréal UK Limited, 255 Hammersmith Road, London, W6 8AZ.
  • Co-Promoter

    V&H Limited (previously "Little Moons Limited"), Little HQ, 6a Willen Field Road, London, NW10 7AQ

  • Entry Open Date

    18:30 (UK time) on 19th August 2021 

  • Entry Closing Date
    23:59 (UK time) on 26th August 2021
  • Promoter’s Privacy Policy


    ENTRY
  • Eligibility
    UK residents aged 18+ only. Entrants must be consumers. Entrants must have internet access and an open Instagram account (i.e. not set to a 'private' account). 
  • How to Enter Requirements
    • Follow both @garnieruk & @littlemoonsmochi on Instagram.
    • Like and comment tagging someone who thrives in the summer on either the Garnier Instagram post here: https://www.instagram.com/garnieruk/ or the Little Moons Instagram post here: https://www.instagram.com/littlemoonsmochi/.
    • By commenting on either of these posts, entrants agree to be automatically entered into this prize draw and abide by these Terms and Conditions.
     
  • Major Prize

    Each winner will receive the following products:

    • x1 Garnier Ambre Solaire Anti-age Super UV Face Protection Cream SPF50 50ml
    • x1 Garnier Ambre Solaire Super UV Anti Dark Spots & Anti Pollution Face Fluid SPF50+ 40ml
    • x1 Garnier Ambre Solaire Over Makeup Super UV Protection Mist SPF50 75 ml
    • x1 Ambre Solaire Anti-Dryness Super UV Protection Cream SPF50+ 50ml
    • x6 retail packs containing 6 Little Moons Tropical Mango and Passionfruit mocha (36 mochi total) 
  • Number of Major Prize Winner(s)
    3

    DRAW DETAILS
  • Prize Draw Date
    27/08/21
  • Notification of Winner(s)
    Winners are selected at random and will be notified by Garnier UK (the "Promoter") by direct private message via their Instagram account by 23:59 on 27 August 2021. Each winner's notification of winning will also request their UK or ROI address for the delivery of their prize by the Promoter. 
    If the winner does not respond to the Promoter within 1 week of being notified of their winning entry to provide the postal address details requested, the Promoter reserves the right to withdraw the prize and offer it to an alternative entrant, selected at random from all eligible entrants to the Promotion.
  • Prize Delivery
    Please allow up to 30 days from the date a winner supplies the requested details for delivery of their 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 (or any of Promoters' group companies') employees, their immediate family, those living in their same households (whether or not related) 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. For the avoidance of doubt, if an entrant likes and comments with their favourite summer emoji on both the Garnier Instagram post and the Little Moons Instagram post, this will only be considered one entry into the prize draw under these Terms and Conditions.
    6. Any entries which do not comply with the How to Enter Requirements or the Submission Requirements and Restrictions, or which contain any third party intellectual property without prior informed consent from the rights holder, or which violates or infringes another’s rights, including but not limited to privacy, publicity, 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) comments or actions which promote bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age (d) sexual innuendo, sexual language or sexual acts, actions or gestures; (e) promoting any illegal unlawful activity such as drug use; (f) content which is tortious, defamatory, slanderous or libellous; (g) any message that appears to be an advertisement or solicitation to buy; and (h) 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.
    7. The Promoter reserves the right to require entrants to prove that they are eligible to enter the prize draw.  If a winner is found to be ineligible, the Promoter reserves the right to select, at random, an alternative winner from all other eligible entrants to receive their prize and to require the return of any prize already awarded.

      Prize fulfilment and disqualification

    8. 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.
    9. A winner forfeits their prize and the Promoter reserves the right to select at random an alternative winner if:
      1. within 3 weeks of being notified by the 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
      2. if a prize is rejected or returned undeliverable; or
      3. if an entry is invalid or an entrant is disqualified or in breach of these Terms and Conditions.
    10. Promoter reserves the right to disqualify an entrant or winner that in its absolute discretion could bring the Promoter into disrepute.
    11. Promoter shall disqualify any entries that have failed to abide by and/or are in breach of these Terms and Conditions.
    12. The names of the winners can be obtained by sending a stamped, self-addressed envelope, within 4 weeks of the Prize Draw Date to Garnier UK at 255 Hammersmith Road, London, W6 8AZ, referencing the Promotion Name.

      Promotional Activity relating to the prize draw

    13. 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.

      Personal Information

    14. 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.
    15. Any personal information that entrants share with the Promoter (including name, address, email, social media profile, or other data) will be kept secure and only used in line with the Promoter's Privacy Policy and these Terms and Conditions. By entering the prize draw, entrants acknowledge that their information may be used by the Promoter and its suppliers to administer the promotion. The Promoter may contact entrants by email, post, phone, SMS or other means in relation to the promotion, but will not send entrants any marketing communication unless entrants have also agreed to this or the Promoter has another lawful basis for the communication.

      Use of Entry Content

    16. 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.
    17. Accordingly entrants assign to Promoter any copyright and other intellectual property rights which exist in their participation in this prize draw 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

    18. Neither the 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 unless you suffer personal injury or death as a result of the Promoter's negligence. No compensation for loss of earnings will be paid by the Promoter for participation in any aspect of this prize draw.

      Social Media Platform Specific Terms

    19. By entering the prize draw, entrants will be deemed to be bound by and have accepted these Terms and Conditions and the Instagram Terms and Instagram API Terms. Promoter reserves the right to disqualify any entries that have failed to abide by and/or are in breach of any of these agreements.
    20. This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram. You are providing your information to the Promoter and not to Instagram. The information you provide will only be used as stated in these Terms and Conditions. By entering the prize draw, entrants will be deemed to have released Instagram from any and all liability arising from their participation in the prize draw or out of, pursuant to, or as a result of the carrying out of the prize draw.

      General Terms

    21. Promoter’s decision is final and no correspondence will be entered into.
    22. 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).
    23. English law applies and the English courts shall have exclusive jurisdiction over any proceedings in connection with this promotion.



WRAP, SPLAT, HAT PROMOTION

 

By entering the promotion, you agree to be bound by these terms and conditions (these "Terms and Conditions").  Promotional materials relating to the promotion, including all information on how to enter the promotion, also form part of these Terms and Conditions. In the event of any conflict between any terms referred to in such promotion materials and these Terms and Conditions, these Terms and Conditions take precedence.

 

General details

 

Promotion Name and Description: Garnier Ambre Solaire - WrapSplatHat competition consisting of: (1) the ‘Summer Explorers Backpack" Design Competition for pupils in KS1 (aged 5-7) (the "KS1 Competition"); and (2) the "Wrap, Splat, Hat Rucksack Photo" Competition for pupils in KS2 (aged 7-11) (the "KS2 Competition"), together referred to as the "Competition".

Promoters:

1. Garnier Ambre Solaire, a trading division of L’Oréal UK Limited, 255 Hammersmith  Road, London, W6 8AZ ("Garnier");

2. Accessability Marketing Limited, trading as We are Futures, 1 Paris Garden, Southwark, London, SE1 8ND, also known as National Schools Partnership ("We Are Futures", "National Schools Partnership" or "NSP").

Entry Open Date: 09:00 UK time on 19 April 2021

Entry Closing Date: 17:00 UK time on 18 June 2021

Privacy Policy: 1.        https://privacy.loreal.com/UKI/

                         2.        https://nationalschoolspartnership.com/privacy-policy/

Entry

 

Eligibility:

  • Entrants must have internet access and an email address to participate.
  • Entrants must be GB residents and aged 18+.
  • Entrants must be either : (a) a teacher or head teacher of a primary school in Great Britain which is registered with the 2021 Wrap Splat Hat programme on the National Schools Partnership at https://nationalschoolspartnership.com/initiatives/wrap-splat-hat/ (b) a parent/legal guardian of a child which attends such a registered primary school.

 

How To Enter Requirements:

  • Entrants' schools must already have, or must open, a valid account with the NSP through the website found at:https://nationalschoolspartnership.com. New accounts can be created by the school in question via the website: https://nationalschoolspartnership.com/. Entrants' schools must also register with the 2021 Wrap Splat Hat programme on the National Schools Partnership website at https://nationalschoolspartnership.com/initiatives/wrap-splat-hat/. Entrants who are parents / legal guardians must check with their respective schools whether they are eligible for entry to this Competition as entries received on behalf of pupils at schools which are not eligible to enter may be disqualified. Entrants who are head teachers or teachers of an eligible school must read and accept the website terms and conditions when they register with the NSP: https://nationalschoolspartnership.com/terms-conditions/.

     

  • For registration with the NSP to be valid, the primary school in question must provide a valid email address as part of the registration process.
  • The first 25 eligible primary schools to sign up to the 2021 Wrap Splat Hat Programme on the NSP website during the Competition period will receive 100 x Ambre Solaire Kids Sensitive Advanced travel sized (50ml).

  • Entrants must then organise for any pupils in Key Stage 1 (aged 5-7 years old) wishing to enter the KS1 Competition to each design a "Summer Explorer's Backpack". For pupils wishing to enter the KS2 Competition which pupils in Key Stage 2 (aged 7-11) can enter, each should take a fun, creative photo of their backpack in a favourite outdoor summer adventure setting with their Wrap, Splat, Hat items which must consist of a T-shirt and pair of sunglasses (Wrap), a bottle of suncream (Splat) and a hat (Hat) which must be either visible inside the backpack, or be positioned around it in their "Wrap, Splat, Hat, Rucksack Photo". Entrants can submit either a digital drawing or a photo of a drawing.

  • Any photos submitted should not include any identifiable person or persons.

  • To enter, entrants submit each pupil's entry together with the name, age, school and school's postcode for each individual entry and in the case of the KS2 Competition, a completed sentence starter for each individual entry by email to: [email protected]. The sentence starter to be completed in the case of the KS2 Competition is as follows: "This is my favourite place to Wrap, Splat, Hat because…"
  • Entrants must obtain explicit consent in advance from each pupil’s parent/ legal guardian to enter the Competition.
  • The first 20 eligible primary schools to submit an entry to either the KS1 or KS2 Competition will each receive 100 x Ambre Solaire Kids Sensitive Advanced travel sized (50ml).
  • Entrants who are head teachers or teachers of an eligible school enter on behalf of the school whose details they provide when they register with the NSP, and not in any personal capacity.
  • Entrants may only submit one entry per pupil for their school. Any entries in addition to this (such as through multiple teachers entering into the Competition on behalf of the same pupil or parents/legal guardians entering multiple entries for the same pupil) may be disqualified by the Promoters.

 

 

Prize Details:

 

Major prize:

KS1 Competition: 1 x scooter, worth £100 (for the winning child); 30 x binoculars worth £8.59 each (for the class of the winning child), 1 x £1,000 by cash transfer to buy outdoor equipment (for school of the winning child);

 

KS2 Competition: 1 x outdoor bike, worth £400 (for the winning child); 1 x binoculars, worth £8.59 (for the class of the winning child), 1 x £1,000 by cash transfer to buy outdoor equipment (for school of the winning child).

 

The prizes for the class of the winning child are for the benefit of the class as a whole – this is not a prize that will be won by each individual child forming part of that class.

 

Cash transfers will be made to an account which is in the name of the winning school (and not in the name of any individual teacher/ head teacher) and which is nominated by the school when requested.

 

The exact outdoor equipment to be provided is to be agreed between the Promoters and the school in accordance with the recommendations of an independent expert, as to the requirements of the particular school.

 

Number of Major Prize Winner(s): One pupil for the KS1 Competition and one pupil for KS2 Competition. The winning pupil's class and school will then also receive a prize.

 

Runner-up Prize: Not applicable.

 

Number of Runner-up Prize Winner(s): Not applicable.

 

Winner Selections

 

Judging Date: 25 June 2021

 

Judging Procedure:

  • KS1 competition: A panel of judges, including at least one independent judge, will choose its favourite design, based on its imagination, creativity, and attention to sun safety.
  • KS2 competition: A panel of judges, including at least one independent judge, will choose its favourite combined photo and completed sentence starter, based the imagination, creativity, attention to sun safety and how effectively the "Wrap Splat Hat" message is conveyed
  • One pupil for the KS1 Competition and one pupil for KS2 Competition.
  • The winning pupil's class and school will then also receive a prize.

 

Notification of Winner(s):

  • We Are Futures will contact the Winners on the Promoters' behalf using the email addresses associated with each of the Winner's NSP accounts by no later than 28/06/21.
  • If a Winner does not respond to We Are Future's notification of winning to make arrangements to determine and accept their prize within 3 working days of the initial contact being made, the Promoters reserve the right to select the next best entrant of those received for the KS1 Competition or KS2 Competition (as applicable) between the Entry Open Date and Entry Closing Date as an alternative winner.

Delivery

 

Prize Delivery: The Winners should allow up to 30 days from the date of acceptance of their prize for the delivery.

 

General Terms and Conditions

 

 

Entry and eligibility

  1. The Competition will be open to all teachers and head teachers and parents/legal guardian of pupils at primary schools located in Great Britain which are registered with the NSP and with the Wrap, Splat, Hat programme at https://nationalschoolspartnership.com/initiatives/wrap-splat-hat/. Entrants must also be legal residents of Great Britain and be aged 18 or over.
  2. All entrants who are a teacher or head teacher must enter the Competition on behalf of pupils aged 5-7 or 7-11 years old at the school at which they are employed and whose details they enter on registration through the NSP website.
  3. The Competition is free to enter and no purchase is necessary.
  4. The Promoters' employees, their immediate family or any third party directly associated with the promotion are not eligible to enter.
  5. To participate entrants must comply with the How To Enter Requirements.
  6. Only one entry per pupil.
  7. Any entries which do not comply with the How to Enter Requirements will be disqualified.
  8. Incomplete, illegal, misdirected or late entries will not be accepted. Proof of posting or sending will not be accepted as proof of receipt. Responsibility cannot be accepted for lost, damaged or delayed entries whether due to technical or connectivity problems or otherwise.

     

    Prize fulfilment and disqualification

  9. Each of the winning schools will be directly responsible for accounting for and paying any tax, National Insurance or other similar liabilities in respect of their prize. The Promoters will not account for any such tax, National Insurance or other similar liability arising from the Competition.
  10. The entrant on behalf of the winning school will be notified through an email sent by We Are Futures to the email address provided on the winner's NSP account in accordance with the How To Enter Requirements, no later than 28/06/19.
  11. Prizes will be delivered to the winning school no later than 30 days from the date that the winning entrants accept their prize.
  12. The Promoters' decision is final and no correspondence will be entered into. Garnier is not responsible for any decisions made by We Are Futures in the allocation of the prizes.
  13. Prizes are as stated, they are not transferable and there are no alternative prizes or cash substitutes.The Promoters reserve the right to substitute a prize of equal or greater value in the event that the selected prize is unavailable for any reason whatsoever.
  14. If any prize is declined or winners fail to accept their prize within 3 working days of being notified or if any school or entrant forfeits their prize under these terms and conditions, then the Promoters will select the school on behalf of which the next best entry (in its sole discretion) is receivedas the alternative winner.
  15. The Promoters reserve the right to disqualify an entrant or winner that, in its absolute discretion, could bring the Promoters into disrepute.
  16. The Promoters shall disqualify any entries that have failed to abide by and/or are in breach of these Terms and Conditions.
  17. Neither the Promoters nor agencies involved in this promotion may be liable to the winners, whether arising from tort including negligence, breach of contract or otherwise or for any loss or damage whatsoever caused by matters relating participation in this Competition, or in relation to the prizes to the extent permissible by law.
  18. Any entries containing any third party intellectual property without prior informed consent from the rights holder, or 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; and (e) any message that appears to be an advertisement or solicitation to buy.
  19. The name of the winner, and runners-up can be obtained by sending a stamped, self-addressed envelope, within 4 weeks of the Judging Date to the Promoters at 255 Hammersmith Road, London, W6 8AZ, referencing the Competition Name.

     

    Promotional Activity relating to the Competition

  20. In entering the Competition, all entrants and winners agree to participate in any promotional activity relating to the Competition 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 Competition) free of charge without additional compensation or prior notice.
  21. The Promoters 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 the Promoters' sole discretion including, without limitation, use in advertising, other media, press releases, editorial and promotional activity, point of sale material, the Promoters' websites, third party websites (including Facebook, Instagram, Twitter and YouTube), newsletters and e-newsletters.
  22. Accordingly, entrants assign to the Promoters 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 the Promoters' request to effect or confirm any assignment in this paragraph.
  23. Entrants' submissions, future submissions and quotes generated during any stage of the Competition may be modified by the Promoters to fit in context with the content of the relevant usage, whilst maintaining the original sentiment.

     

    Personal Information

  24. All personal details and/or information given in the application either in the entry process or otherwise must be truthful, accurate and in no way misleading. The Promoters reserve the right to disqualify entrants if they have supplied untruthful, inaccurate or misleading personal details and/or information.
  25. Any personal information that entrants share with the Promoters (including name, address, email, social media profile, or other data) will be kept secure and only used in line with the Promoters' Privacy Policies and these Terms and Conditions. By entering the Competition, entrants agree that their information may be used by the Promoters and their suppliers to administer the Competition. The Promoters may contact entrants by email, post, phone, SMS or other means in relation to the Competition, but they will not send entrants any marketing communication unless entrants have also agreed to this.

     

    Limitation of Liability

  26. The Promoters nor agencies nor suppliers involved in this Competition will 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 Competition or the prizes to the extent permissible by law.No compensation for loss of earnings will be paid by the Promoters for participation in any aspect of this Competition.
  27. By participating in the Competition, participants agree that the prize is awarded on an "as is" basis, and that neither the Promoters nor any of their subsidiary or affiliated companies, make any representations or warranties of any nature with respect to the prizes.
  28. The provision of the prizes does not imply endorsement by the Promoters or any other third parties concerned in any way with this Competition.Any complaints or queries relating to the use of the prizes should be directed to We Are Futures.
  29. The Promoters nor any of its subsidiary or affiliated companies are responsible for any condition, circumstances, losses, failures or delays caused by events beyond its or their control such as (but not limited to) the acts or defaults of any supplier selected by the Promoters to provide the prizes or otherwise that may cause the Competition to be disrupted or corrupted, or that may lead to loss or damage of the prizes in transit to the winners.
  30. Save where it has been negligent, the Promoters will not be responsible for any damage, loss or injury resulting from entrants' entry into the Competition or their acceptance and/or use of the prizes, or for technical, hardware or software failures, lost, faulty or unavailable network connections or difficulties of any kind that may limit or prohibit their ability to participate in the Competition. The Promoters will not be responsible for any lost, damaged, defaced, incomplete, illegible or otherwise unreadable entries. Nothing in these Terms and Conditions shall in any way limit the Promoters' liability for death or personal injury caused by its negligence or for any other matter where liability may not as a matter of law be limited.

     

    General Terms

  31. By entering this Competition, entrants will be deemed to be bound by and have accepted these Terms and Conditions. The Promoters reserve the right to disqualify any entries that have failed to abide by and/or are in breach of these terms.
  32. The Promoters' decision is final and no correspondence will be entered into.
  33. The Promoters reserve the right in its absolute discretion to amend or waive any of these Terms and Conditions, or suspend or cancel the Competition 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).
  34. English law applies and the English courts shall have exclusive jurisdiction over any proceedings in connection with this promotion.

 

MOTHER'S DAY COMMENT-TO-WIN COMPETITON T&Cs

  • Promotion Name and Description
    Mother’s Day – One for you, one for Mum!
    Follow @garnieruk, like this post and tell us who deserves a pamper and why this Mother’s Day
  • Promoter
    GarnierUK, a trading division of L’Oréal UK Limited, 255 Hammersmith Road, London, W6 8AZ.
  • Entry Open Date
    20:00 UK time 14/03/2021 UKI time
  • Entry Closing Date
    20:00 UK time 21/03/2021 UKI time
  • Promoter’s Privacy Policy
    //https://www.loreal.co.uk/miscellaneous/consumer-privacy-policy.htm
  • Eligibility
    UK residents aged 18+ only. Entrants must have internet access and either a Facebook or Instagram account.
  • How to Enter Requirements
    Enter by commenting who deserves a pamper and why this Mother’s Day] on the Instagram post: found here: https://www.instagram.com/garnieruk/ for your chance to win.
    By commenting on this post, entrants agree to be automatically entered into this prize draw and abide by these Terms and Conditions (as set out in this table and the General Terms and Conditions below)


    PRIZE DETAILS
  • Major Prize
    Garnier Discovery Collection: A package containing the following products: 2x Garnier Sheet Mask Discovery Collection, Face & Eye Sheet Mask Set
  • Number of Major Prize Winner(s)
    24
     
    DRAW DETAILS
  • Prize Draw Date
    22/03/21
  • Notification of Winner(s)
    Winner(s) are selected at random and will be notified by the Promoter replying to the comment and/or direct private message via their Instagram  account by 22/03/21. 
  • Prize Delivery
    Please allow up to 30 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 the Promoter’s competitor brands or that show any intention of promoting any brand other than the 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 the Promoter reserves the right to select at random an alternative winner if:
    (a) within 3 weeks of being notified by the 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 the 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.
    Personal Information
    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.
    14. Any personal information that entrants share with the Promotor (including name, address, email, social media profile, or other data) will be kept secure and only used in line with the Promoter’s Privacy Policy and these Terms. By entering the prize draw, entrants acknowledge that their information may be used by the Promotor and its suppliers to administer the promotion. The Promotor may contact entrants by email, post, phone, SMS or other means in relation to the promotion, but will not send entrants any marketing communication unless entrants have also agreed to this.
    Limitation of Liability
    15. Neither the 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 the Promoter for participation in any aspect of this prize draw.
    Social Media Platform Specific Terms
    16. By entering the prize draw, entrants will be deemed to be bound by and have accepted these Terms and Conditions and Facebook Statement of Rights and Responsibilities and Facebook Community Standards and  Instagram Terms, Instagram Privacy Policy and Instagram API Terms. Promoter reserves the right to disqualify any entries that have failed to abide by and/or are in breach of Facebook’s Statement of Rights and Responsibilities.
    17. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook or Instagram. You are providing your information to the Promoter and not to Facebook or Instagram. The information you provide will only be used as stated in these Terms and Conditions. By entering the prize draw, entrants will be deemed to have released Facebook and Instagram from any and all liability arising from their participation in the prize draw or out of, pursuant to, or as a result of the carrying out of the prize draw.

    General Terms

    18. Promoter’s decision is final and no correspondence will be entered into.
    19. 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).
    20. English law applies and the English courts shall have exclusive jurisdiction over any proceedings in connection with this promotion.
     

Live Chat Terms & Conditions

These Terms of Use govern your use of the Garnier Nutrisse (the "Chat Service") offered by L’Oréal (UK) Limited, acting through its trading division Garnier (the "Brand") on its website www.garnier.co.uk (the "Site"). To the extent of any conflict between Garnier’ Privacy Policy and these Terms of Use, these Terms of Use shall prevail.

Garnier permits you to use the Chat Service solely for your personal use in accordance with these Terms of Use. You are permitted to use the Chat Service on a free, non-exclusive and non-transferable basis solely to ask for tips and questions about our Garnier products and services from one of our advisors by typing a question and to receive a response in real time, and not for any other purposes. Your use of the Chat Service constitutes acceptance of these Terms of Use. You acknowledge that Garnier has the right to terminate, limit or suspend your use of the Chat Service if it reasonably believes that you have breached these Terms of Use.

If you have any concerns or complaints or want to report an issue about any Garnier products and their application to you, or you have technical questions about the Site or an order placed on the site please contact our Customer Care Department at [email protected] Garnier reserves the right to refer your query to its Consumer Advisory Department rather than responding via the Chat Service it if it believes that your query would be better handled in this way.

Garnier shall not be held responsible for any content created by you on the Chat Service. To the fullest extent permitted by law, Garnier excludes all implied representations, conditions and warranties whether express or implied. Garnier shall not be liable to you or any other party for actions, proceedings, claims, losses or damages suffered by you arising from or connected to your use of the Chat Service or indirect or consequential loss or for loss of data, loss of revenue or loss of profits, whether in contract, tort or under statute or otherwise arising from or connected to your use of the Chat Service.

You are not permitted to and you agree and warrant that you will not:

• Copy, reproduce, modify or create derivative works of the Chat Service, or any other element of the Site;

• Dis-assemble reverse-engineer, decompile or otherwise attempt to determine the underlying source code of the Chat Service or Site;

• Take any action with a view to distributing or reproducing the Site or the Chat Service; or

• Take any action that would affect the functionality of the Chat Service or the Site, whether in whole or in part.

You do not have the right to sell, lease, sub-licence or provide any portion of the Chat Service or Site to any third party.

By using the Chat Service, you represent and warrant that:

• You are the author of content submitted, 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 query;

• Your query or content submitted 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 send is truthful and accurate;

• You are at least 18 years old;

• Your query or content submitted complies with these Terms of Use.

You further agree and warrant that you shall not use the Chat Service or submit any query or content:

• That is known by you to be false, inaccurate or misleading;

• That infringes any third party's copyright, patent, trademark, trade secret, right of privacy, moral right or other intellectual property or proprietary rights;

• That contains any information about Garnier’s competitors or their products (namely other manufacturers and/or distributors and/or retailers of health and beauty 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, privacy, consumer protection, unfair competition, anti-discrimination or advertising);

• That is, or may reasonably be considered to be illegal, infringing, defamatory, libellous, abusive, hateful, harassing, racially or religiously inappropriate, offensive, inciting of violence, fraudulent, invasive of privacy, threatening, obscene, pornographic, or otherwise injurious to third parties or objectionable;

• That consists of or contains political campaigning, commercial solicitation, chain letters, mass mailings, unsolicited emails or other forms of “spam” regardless of the content;

• that is unrelated to the purpose of asking for tips and questions about our Garnier products and services from one of our advisors;

• 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, or instructions on how to create, computer viruses, worms, Trojan horses or other potentially disruptive or damaging or harmful computer programs, files, codes or attachments;

• That could alter, steal, corrupt, disable, destroy, trespass, circumvent or violate any security or encryption of the Site, the Chat Service or any computer file, database or network.

Garnier reserves the right not to respond to and delete:

• Duplicate queries;

• Blank queries;

• Queries in a language that is not English;

• Any unintelligible content (such as content that contains random characters and meaningless word strings); or

• Any submission if it does not comply with these Terms of Use.

Garnier has the right to limit or suspend access to any user that is in breach of these Terms of Use.

The Chat 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 Chat Service.

By submitting your email address in connection with your use of the Chat Service, you agree that Garnier and its third party service providers may use your email address to contact you about the status of your query and for other administrative purposes.

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, including but not limited to Hinduja Global Solutions UK Limited and Iadvize Limited, 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 or cease to provide the Chat Service at any time without notice.

Claims and Reviews

 

 

Nutrisse #1 Perm Hair Dye May 2021

  • View supporting claim document here.

 

Garnier Ultimate Blends Hair Food 5* Claim

  • View supporting claim document here.

Ultimate Blends Banana & Shea 3-in-1 #1 Item Boots

  • View supporting claim documentation here.

 

Garnier UK Intensive Rinse Out Claim

  • View supporting claim documentation here.

 

Garnier Self Tan Substantiation

  • View supporting claim documentation here.

 

Garnier UK 5* Reviews Organics Range Claim

  1. View supporting claim documentations here and here.

 

Garnier UK #1 Micellar Water Claim

  1. View supporting claim documentation here.

 

Garnier ROI #1 Micellar Water Claim

  1. View supporting claim documentation here.

 

Garnier UK #1 Tissue Mask Claim

  1. View supporting claim documentation here.

 

Garnier UK 5* Tissue Mask Reviews Claim

  1. View supporting claim documentations here and here.

 

Garnier Summer Body Data Claim

  1. View supporting claim documentations here.

 

Garnier UK #1 Tanning Mist Claim

  • View supporting claim documentation here.

 

GarnierSocial Documents

 

 

Green Beauty

We have the opportunity to help create a positive impact by leading the way to sustainable beauty that's accessible to all. Find out what Garnier is doing to develop an end to end journey towards sustainability.