Terms Of Use

MCOBEAUTY – WEBSITE TERMS OF USE - UNITED KINGDOM AND IRELAND

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE
These terms tell you the rules for using our website www.mcobeauty.co.uk

Who we are and how to contact us
MCoBeauty is a trading name of, and this Site is operated by, VidaCorp UK Ltd, a company registered in England and Wales, with company registration number 16046095. Our registered office is at C/O Oury Clark Chartered Accountants, 10 John Street, London, United Kingdom, WC1N 2EB. To contact us, please email contactus@mcobeauty.co.uk or phone our customer service line on 020 7423 1100.

Language
Our Site is provided in English. If you require assistance in another language or information in an accessible format, please contact us using the details above.

By using our Site, you accept these Terms of Use
By using our Site, you confirm that you accept these Terms of Use and that you agree to comply with them.

If you do not agree to these Terms of Use, you must not use our Site.

You must be at least 18 years old or have the consent of a parent or guardian to use our Site and to make purchases.  By using our Site, you confirm that you meet these requirements.

We recommend that you print a copy of these terms for future reference.

There are other terms that may apply to you

These Terms of Use refer to the following additional terms, which are incorporated into these Terms of Use and apply to your use of our Site:

·     Our Privacy Policy ,which explains how we collect, use and store your personal data.

·     Our Cookie Policy, which sets out information about the cookies on our Site.

If you order goods from our Site, our Terms of Sale will apply.

We may make changes to these Terms of Use
We amend these Terms of Use from time to time. Every time you wish to use our Site, please check these Terms of Use to ensure you understand the terms that apply at that time.

We may make changes to our Site
We may update and change our Site from time to time. We will notify users of any material changes by posting a notice on our Site or by email where possible. Your continued use of the Site after such changes constitutes your acceptance of the updated Terms of Use.

We may suspend or withdraw our Site
Our Site is made available free of charge. We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms of Use and other applicable terms, and that they comply with them.

We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the agreement.

Our Site is for users in the United Kingdom and Ireland
Our Site is directed to people residing in the United Kingdom and Ireland. We do not represent that content available on or through our Site is appropriate for use or available in other locations, or that it complies with the laws (including intellectual property laws) of any country outside the United Kingdom or Ireland. If you access the Site from outside these countries, you do so at your own risk and are responsible for complying with the laws in the place you access the Site.

You must keep your account details safe

You may create an account with us using our Site, which allows you to make purchases from our Site, review your order history, save your wish list and leave feedback and reviews for the products you purchase.

You must ensure that any personal data and contact details you give to us when creating an account with us is accurate and up-to-date.

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 are responsible for maintaining the confidentiality of your account details. You must not disclose such account details, including your password or any other piece of information as part of our security procedures, to any third party. We are responsible for any loss you may suffer as a result of our negligence or wrongdoing. You are otherwise responsible for all activity on your account, including purchases made by anyone who has access to your account details.

Our Terms of Sale are available here, which apply in respect of purchases made through our Site: Terms of Sale

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 of Use.

If you know or suspect that anyone other than you knows your user identification code or password, or that there has been any unauthorised use of your account or any other breach of security, you must promptly notify us at: customercare@mcobeauty.co.uk

How you may use material on our Site
We are the owner or the licensee of all intellectual property rights in our Site, and in the material published, developed, adapted, modified or created on it (Our Intellectual Property). Those works are protected by intellectual property laws and treaties (including copyright laws) around the world. All such rights are reserved.

We authorise you to use Our Intellectual Property solely for your own personal, non-commercial use, and in the manner in which it was intended to be used. You must not use any part of the content on our Site for commercial purposes (including, for example, to advertise your own business, for re-sale, or for any other revenue generation activity).

You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others within your organisation to content posted on our Site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged (except where the content is user-generated).

You must not, without our prior written consent:

·     copy (in whole or in part) any of Our Intellectual Property;

·     reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or

·     breach any intellectual property rights connected with the Site or the products.

Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that:

·     you do not assert that you are the owner of Our Intellectual Property;

·     unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;

·     you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and

·     you comply with all other terms of these Terms of Use.

If you use, print off, copy, download, share or repost any part of our Site in breach of these Terms of Use, or otherwise engage in conduct that may harm our business or other users, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made (except that you are permitted to print off a copy of these Terms of Use).

Shade Matching
We have a shade matching feature on our Site which is powered by a third party, ‘Match My Makeup’ (Match My Makeup), and which allows you to seek recommendations for makeup products that complement your skin tone and features. Your use of Match My Makeup may be subject to additional terms and conditions of the Match My Makeup provider.

Match My Makeup works by utilising your answers to a number of questions relating to your existing foundation shade and skin tone and uses scientific colour analysis to find your match.

Whilst Match My Makeup is intended to be as accurate as possible, any recommendations made by Match My Makeup are for guidance only and may not be perfect matches in all lighting conditions or for all skin types. We do not guarantee that recommended products from Match My Makeup will be suitable for your skin type or free from allergens.

Acceptable Use of our Site

Prohibited Behaviours

When using the Site, you must not do or attempt to do anything that is unlawful, fraudulent or inappropriate, including (but not limited to):

·     anything that would constitute a breach of an individual’s privacy (including uploading private or personal data without an individual's consent) or any other legal rights;

·     using the Site to defame, bully, insult, harass, threaten, menace, offend or impersonate any person;

·     interfering with any user of the Site;

·     tampering with, interfering with or modifying the Site and its functioning;

·     using the Site to send, or procure the sending of, unsolicited or unauthorised messages, advertising or promotional material or any other form of similar solicitation (spam);

·     sending, knowingly receiving, uploading, downloading, sharing, posting, using or re-using any material which does not comply with our Content Standards (as set out below);

·     facilitating or assisting a third party to do any of the above acts or any other actions prohibited by these Terms of Use.

Content Standards

User Content means any information or material you submit to or through the Site, including reviews, uploads, social media posts using our tags, or other user-generated content.

User Content must:

·     be accurate (where it states facts) and honest;

·     only contain opinions that are genuinely held; and

·     comply with the applicable law in any country from which it is posted and to which the Site is targeted.

User Content must not:

·     be defamatory of any person;

·     be obscene, offensive, hateful or inflammatory;

·     contain illegal content or promote any illegal content or activity;

·     infringe any copyright, database right or trademark of any other person;

·     be likely to deceive any person.

Uploading content to our Site

We encourage you to interact with the Site and with us on social media! You may be permitted to post, upload, publish, submit or transmit User Content on the Site. We may run campaigns via the Site and via social media that encourage you to post User Content on social media using specific hashtags (#)

Whenever you make use of a feature that allows you to create User Content directly on our Site, upload or share User Content to our Site, or to make contact with other users of our Site, you must comply with the ‘Acceptable Use of our Site’ standards set out above in these Terms of Use.

You confirm that any such contribution complies with those standards, and you are responsible to us and agree to indemnify us for any breach of that confirmation. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty, as permissible under applicable laws.

We will consider any content you upload to our Site to be non-confidential and not protected by any trademark, patent or copyright ("non-proprietary"), that is, in the public domain. The rights you license to us when supplying User Content are described below (see ‘Rights you are giving us to use material you upload’).

Subject to our compliance with applicable laws, we also have the right to disclose your identity to anyone who is claiming that any content posted or uploaded by you to our Site violates their intellectual property rights or their right to privacy.

We can accept, reject or remove any posting of User Content you make on our Site if, in our opinion, your post does not comply with the ‘Acceptable Use of our Site’ standards set out above in these Terms of Use.

If you wish to contact us in relation to content you have uploaded to our Site and that we have taken down, please contact customercare@mcobeauty.co.uk .

Reviews

We welcome and encourage customers to leave reviews of our products. However:

·  your review must comply with the ‘Acceptable Use of our Site’ standards set out above in these Terms of Use;

·  your review must be based on your personal experience with the product;

·  your review must not name any of our competitors;

·  you may not post a review if you have any personal or business relationship with us that might influence your review; and

·  if you are reviewing a product you received from us free of charge, or you received any other benefit from us in exchange for writing a review, your review must say so.

Rights you are giving us to use material you upload

When you upload or post User Content to or through our Site, including on social media using a (#), you grant us the following rights to use that content:

·  A worldwide, irrevocable, non-exclusive, perpetual, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content, with the right to use, view, copy, distribute, license, transfer, communicate, publicly display, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of the Site, our social media platforms or our marketing and promotional materials (whether in print or any other medium).

You agree that you are solely responsible for all User Content that you make available on or through the Site, including on social media using a (#). You represent and confirm that:

·  you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms of Use); and

·  neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site (including on social media) will infringe a third party’s rights (including intellectual property rights, or rights of publicity or privacy) or breach any applicable law or regulation.

User-generated content is not approved by us

Our Site may include information and materials uploaded by other users. This information and these materials have not been verified, endorsed or approved by us, and we are not responsible for any User Content. The views expressed by other users on our Site do not represent our views or values.

AI use notice

Our Site may incorporate or make use of a general purpose artificial intelligence model or system (AI System) that relies on machine-based processing for generating outputs that include text, suggestions, recommendations, or other forms of content. This serves varied objectives and is designed to operate with different levels of autonomy, occasionally learning from data to adapt or improve its performance over time. While we implement policies and procedures to minimise risks arising from the use of this AI System, your use of any content or functionality produced by the AI System remains subject to all the disclaimers and limitations set out below and these Terms of Use.

We aim to be transparent about the nature and purposes of the AI System. In particular, that we will make reasonable efforts to: inform you when you are interacting with, or receiving outputs from, a general purpose AI model, explain the general logic and functionality behind it, clarify how the AI System’s outputs are generated, any known limitations of the AI System (for example, the risk of so-called “hallucinations,” misclassifications, or inaccuracies), as well as the types of data sources it may rely upon.

We do not warrant the factual correctness, completeness, or reliability of the outputs generated by the AI System. While we incorporate technical and organisational safeguards to mitigate potential risks, AI technology fundamentally produces content based on probability and patterns identified in data, including public and proprietary sources. It may consequently generate inaccurate or outdated information.

You should use your own judgement before relying on any information provided by the AI System and seek professional or independent advice where necessary.

Where the AI System operates using personal data (e.g. through user prompts or the model’s training data), we handle such data in accordance with our Privacy Policy and applicable data protection legislation, including but not limited to the UK General Data Protection Regulation and EU General Data Protection Regulation. Any personal data involved in training or use of the AI System is selected or processed in recognition of data minimisation principles and, to the extent feasible, de-identified or pseudo-anonymised. If you have concerns about our AI System’s processing of your personal data, including any right you may have to correction or erasure of personal data memorised by this technology, please contact us using the details provided in our Privacy Policy.

We remind you that certain content displayed or generated by the AI System could derive from external sources. We do not claim intellectual property rights over third-party material or user input. Where required by law or contract, we respect opt-outs asserted by rights-holders who wish to exclude their content from AI System training data or usage. We endeavour to identify the source or status of training data whenever feasible. If you believe that your intellectual property rights are infringed by the AI System’s outputs, please write to us at the contact address stated in these Terms of Use.

The AI System may evolve, be modified or updated from time to time, reflecting technological progress, improvements in training data, or the deployment of additional safeguards. We reserve the right to enhance, suspend, or discontinue the AI System’s features or outputs, with or without prior notice, and without liability to you.

By using our website and any functionality underpinned by the AI System, you acknowledge that you understand the inherent limitations and potential risks associated with AI. You further accept that we provide the AI System “as is,” without any guarantee of its uninterrupted availability, infallibility, or suitability for your particular needs. You agree to comply with all applicable rules when interacting with our AI System, including any references to restricted or prohibited uses set out in our Terms of Use.

If you have additional questions or concerns about this AI transparency notice, or if you wish to exercise any rights you may hold under the law in relation to your data used by the AI System, kindly contact us using the details provided in these Terms of Use. We will make reasonable endeavours to address or mitigate any legitimate concerns regarding data handling or the accuracy, reliability, or compliance of the AI System.

Do not rely on information on this Site

Any information and content on our Site is provided for general information only, does not take into account your personal circumstances and is not intended to amount to advice on which you should rely or as a substitute for professional medical advice. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the information and content on our Site.

Our products are not intended to diagnose, treat, cure, or prevent any disease or condition. You are solely responsible for determining the suitability of our products for your purposes, including checking the ingredients lists for our products to determine whether they are suitable for your skin. If you have an existing health condition, we recommend you consult a medical professional before using our products. Although we make reasonable efforts to update the information on our Site, we make no representations, warranties, confirmations or guarantees, whether express or implied, that the content on our Site is accurate, complete or up to date.

No text or data mining, or web scraping

You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping or screen scraping in relation to our Site or any services provided via, or in relation to, our Site. This includes using (or permitting, authorising or attempting the use of):

·  Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of our Site or any data, content, information or services accessed via the same.

·  Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.

The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of the Digital Copyright Directive ((EU) 2019/790).

This clause will not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.

Rules about linking to our Site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our Site in any website that is not owned by you.

Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on our Site other than that set out above, please contact customercare@mcobeauty.co.uk

We are not responsible for websites we link to

Our Site may contain links to third-party websites, applications or services that are not owned or controlled by us. Unless we tell you otherwise, we do not control, endorse, approve, guarantee or take responsibility for the content on those websites. Any purchase or transaction you make on a third-party website is solely between you and the third-party seller or service provider. To the fullest extent permitted at law, we are not responsible for any damages, losses or liabilities arising from your interactions with third-party websites or services.

We are not responsible for viruses

We do not guarantee that our Site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programs and platform to access our Site. You should use your own virus protection software.

You must not introduce viruses

You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful, or otherwise harmfully interacting or interfering with our Site or any part of it. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site or any other equipment or network connected with our Site. You must not interfere with, damage or disrupt any software used in the provision of our Site or any equipment or network or software owned or used by any third party on which this Site relies in any way. You must not attack our Site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the UK Computer Misuse Act 1990, or the Criminal Justice (Offences Relating to Information Systems) Act 2017. We are entitled to report any breach of this provision to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

Our responsibility for loss or damage suffered by you

Whether you are a consumer or a business user:

·     In respect of any orders made via our Site, we only supply our products to consumers for private and domestic use. Unless we have given explicit consent for you do  to so, you agree not to use any of our products for commercial or re-sale purposes.

·     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.

If you are a business user:

·     We exclude all implied conditions, warranties, confirmations, representations or other terms that may apply to our Site or any content on it.

·     We will not be responsible to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

1. use of, or inability to use, our Site; or
2. use of or reliance on any content displayed on our Site.

·     In particular, we will not be responsible for:

1. loss of profits, sales, business, or revenue;
2. business interruption;
3. loss of anticipated savings;
4. loss of business opportunity, goodwill or reputation; or
5. any indirect or consequential loss or damage.

·     We shall not be liable for any failure or delay in performing our obligations under these Terms of Use where such failure or delay results from any cause beyond our reasonable control, including but not limited to acts of God, war, terrorism, or internet outages.

 If you are a consumer user:

·     We only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

How we may use your personal information

We will only use your personal information as set out in our Privacy Policy.

Complaints and feedback

We are always looking to improve our services and products. If you have any feedback or a complaint, please notify us on our contact details set out in these Terms of Use and we will take reasonable steps to address any concerns you have.

Disputes

Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint you have made to us, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to The Centre for Effective Dispute Resolution via their website at https://www.cedr.com/. The Centre for Effective Dispute Resolution will not charge you for making a complaint and if you are not satisfied with the outcome, you can still bring legal proceedings.

Which country's laws apply to any disputes?

If you are a consumer, please note that these Terms of Use, their subject matter and their formation, are governed by English law. If you are a consumer residing in  Ireland, please note that these Terms of Use, their subject matter and their formation are governed by Irish law. Wherever you live, you can bring legal claims against us in the English courts. If you live in Wales, Scotland, Northern Ireland, or Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.

If you are a business, these Terms of Use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Enforceability

If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision.