Terms

Brown Skin Dark Lips Limited

Website Terms & Conditions                                                                  

26 July 2020

BACKGROUND:

This agreement applies as between you, the User of this Website and Brown Skin Dark Lips Limited, the owner of this Website.  Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

1.            Definitions and Interpretation

In this Agreement the following terms shall have the following meanings: 

“Content”          

means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;

“Brown Skin Dark Lips Limited”  

means Brown Skin Dark Lips Limited, registered in England and Wales with company number 12480745, registered office 71-75 Shelton Street, London, United Kingdom, WC2H 9JQ:

“Service”            

means collectively any online facilities, tools, services or information that Brown Skin Dark Lips Limited makes available through the Website either now or in the future;

“System”            

means any online communications infrastructure that Brown Skin Dark Lips Limited makes available through the Website either now or in the future.  This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

“User” / “Users”              

means any third party that accesses the Website and is not employed by Brown Skin Dark Lips Limited and acting in the course of their employment; and

“Website”          

means the website that you are currently using (https://brownskindarklips.com/) and any sub-domains of this site (e.g. subdomain https://shop.brownskindarklips.com/) unless expressly excluded by their own terms and conditions.

2.            Intellectual Property

2.1         All Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Brown Skin Dark Lips Limited, our affiliates or other relevant third parties.  By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws.

2.2         You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by Brown Skin Dark Lips Limited.

3.            Links to Other Websites

This Website may contain links to other sites.  Unless expressly stated, these sites are not under the control of Brown Skin Dark Lips Limited or that of our affiliates.  We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.  The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

4.            Privacy

4.1         For the purposes of applicable data protection legislation, Brown Skin Dark Lips Limited will process any personal data you have provided to it in accordance Privacy Policy available on the [ Brown Skin Dark Lips Limited website or on request from Brown Skin Dark Lips Limited.

4.2         You agree that, if you have provided Brown Skin Dark Lips Limited with personal data relating to a third party (1) you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to Brown Skin Dark Lips Limited and (2) that you have brought to the attention of any such third party the Privacy Notice available on the Brown Skin Dark Lips Limited’s website or otherwise provided a copy of it to the third party. You agree to indemnify Brown Skin Dark Lips Limited in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.

5.            Disclaimers

5.1         Brown Skin Dark Lips Limited makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.

5.2         No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.

6.            Availability of the Website

The Service is provided “as is” and on an “as available” basis.  We give no warranty that the Service will be free of defects and / or faults.  To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

Brown Skin Dark Lips Limited accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

7.            Limitation of Liability

7.1         To the maximum extent permitted by law, Brown Skin Dark Lips Limited accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.

7.2         Nothing in these terms and conditions excludes or restricts Brown Skin Dark Lips Limited’s liability for death or personal injury resulting from any negligence or fraud on the part of Brown Skin Dark Lips Limited.

7.3         Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977 (as amended from time to time).  However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions.  This term shall apply only within jurisdictions where a particular term is illegal.

8.            No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

9.            Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

10.         Notices

All notices / communications shall be given to us either by post to our Registered Office (see address above) or by email to hello@brownskindarklips.com.  Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

11.         Law and Jurisdiction

These terms and conditions and the relationship between you and Brown Skin Dark Lips Limited shall be governed by and construed in accordance with the Law of England and Wales and Brown Skin Dark Lips Limited and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.

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