Terms & Conditions for Website Use
INTRODUCTION
Welcome to Aviela.
This page tells you the terms on which you may use our “website” www.aviela.co.uk, whether as a registered user or guest. Please read carefully before use.
By using the website, you accept the terms and agree to obey them. If you do not accept them, please do not use our website.
We may change these Terms and Conditions from time to time, so please review them each time you visit our website. You should save a copy of these Terms and Conditions for future reference.
WHO WE ARE
www.aviela.co.uk and its applications is operated by Aviela Skincare Limited, a UK Limited company registered in England and Wales under company number 11012341
Our registered office is at: 104 Livingstone Walk, Hemel Hempstead, Hertfordshire, HP2 6AL, UK.
Our VAT number is: 315298595
Our email address is: customercare@aviela.co.uk
USE OF THE WEBSITE
You must be registered to submit comments or photographs through the website and must not register more than one account. You must provide an up-to-date email to which you have regular access as we may need to contact you regarding your submissions.
You must not: impersonate or try to impersonate another person; disclose your password to anyone else; allow anyone else to use your account; or use anyone else's account. You are responsible for all submissions made through your account. If you suspect someone else may have access to, or be using, your password or account, you must notify us as soon as possible by emailing customercare@aviela.co.uk
If you allow anyone else to use our website, you must make sure they read these terms first, and that they follow them.
Only use the website as allowed by law and these terms. If you do not, we may suspend your usage, or stop it completely.
We frequently update the website and make changes to it, otherwise material on the website may be out-of-date. No material on the website is intended to contain advice, and you shouldn't rely on it. We exclude all legal responsibility and costs for reliance placed on the website by anyone.
We follow our privacy policy in handling information about you. You can read our policy here.
By using the website, you agree to us handling this information and confirm that the data you provide is accurate.
If you order goods or services from us through the website, your order will take place under our Terms and Conditions.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or licensee of all intellectual property rights on the website and its applications (for example the copyright and any rights in the designs) and in any of the material posted on it. They are protected by copyright.
You may use the website for personal use only. Any commercial use by you is strictly prohibited without permission from us. You are permitted to view, download for caching purposes only and print individual web pages on an occasional basis provided that you do not print the whole or a substantial portion of the website and that the trademarks and intellectual property notices included on the website are not removed.
Unless otherwise stated in these Terms and Conditions, you must not (whether directly or indirectly) (i) copy, download, store, make available, distribute, rent, sell or offer to sell all or any part of the content of the website or its application, or (ii) download or otherwise copy any content, files or data from the website to make or populate a database or publication of any kind whatsoever.
If you breach these terms, you lose your right to use our website, and must destroy or return any copies you have made.
OUR LEGAL RESPONSIBILITY TO YOU
The material displayed on our website is provided without guarantees, conditions or warranties as to its accuracy. As far as legally possible, we and other third parties connected to us hereby exclude legal responsibility for the following: all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our website or in connection with the use, inability to use or results of the use of our website, any websites linked to it and any materials posted on it, including loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, or wasted management or office time whether caused by tort (including negligence) breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories above.
We do not exclude legal responsibility for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
UPLOADING TO THE WEBSITE
We reserve the right to publish, edit or remove all or part of any content you submit, any photographs or any comments you may have submitted.
Please note that by submitting content through the website you are consenting to any images you provide being uploaded to Google Images or any other search engine selected by us.
By submitting content to the website, you grant us a perpetual, royalty-free, worldwide, irrevocable, non-exclusive licence to use, copy, edit, adapt, publish, translate, make available, communicate, distribute and sub-licence it for any purpose.
We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you through the website constitutes a violation of their intellectual property rights, or of their right to privacy. By submitting your content, you warrant that you have the right to grant this licence and you indemnify us for any breach of that warranty. We are not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our website. To the extent permitted by law, you waive your moral rights (e.g. the right to be identified as author or to object to derogatory treatment) in your content. We will continue to publish your content, including your photos, comments, profile, name, town and country, even if you change your mind and want us to remove it and/or you are no longer registered with the website.
You must not submit any material to the website that is: defamatory, false or misleading; insulting, threatening or abusive; obscene or of a sexual nature; or offensive, racist, sexist, ageist or which otherwise discriminate against persons on the basis of their marital status, sexual orientation or religious beliefs. You must not submit any material to the website that is likely to: encourage violence; encourage or teach conduct that is a criminal offence, gives rise to civil liability, or is otherwise unlawful; infringe any third-party intellectual property rights; advertise any product or services; impersonate anyone else or otherwise misrepresents your identity, affiliation or status; prejudice any active legal proceedings of which you are aware; cause someone alarm, anxiety or distress.
COMPUTER OFFENCES
If you do anything which is a criminal offence under a law called the Computer Misuse Act 1990, your right to use the website will end straightaway. We will report you to the relevant authorities and give them your identity.
Examples of computer misuse include introducing computer viruses, logic bombs, Trojan horses, worms, corrupted data or other malicious or harmful software, data or damaging material.
You must not try to get access to our website or server or any connected database or make any 'attack' on the website. You must not try to circumvent any protections we put in place for the security and operation of the website. You must not re-submit content which you are aware has been removed. We will not be legally responsible to you for any damage from viruses or other harmful material that you pick up via our website.
LINKS TO OUR WEBSITE
You may email your friends links to our website or specific pages within it. You must not suggest any endorsement by us or association with us unless we agree in writing.
LINKS FROM OUR WEBSITE
Links from our website to other websites and resources provided by third parties are for information only. We do not control them and do not accept responsibility for them, or for any loss or damage that may arise from your use of them.
SUSPENSION OR TERMINATION OF ACCOUNT
We may suspend and/or delete any user account at our sole discretion. The main reasons for which an account may be suspended or deleted are: the user failed to comply with these Terms and Conditions; and/or any comment submitted by the user account was deemed inappropriate. We will notify you of any suspension by email at the address you provided during your registration or at the next time you attempt to access your account. The length of suspension or the decision to delete an account will depend on the circumstances. If your account is suspended or deleted, you must not attempt to re-register or submit content through another account without our prior written consent
INDEMNITY
You will indemnify us and keep us indemnified against all losses, expenses, costs and liabilities which arise as a result of or in connection with your breach of these Terms and Conditions.
TRANSACTIONS CONCLUDED THROUGH THE WEBSITE
Contracts for the supply of goods formed through this website are governed by our Terms and Conditions. Unauthorized re-sale of Aviela products is prohibited.
ONLINE DISPUTE RESOLUTION
Should you have problems with our products or service please contact us at customercare@aviela.co.uk. For UK consumers who have a problem with a trader regarding a product or service bought online, you may contact the Citizens' Advice Consumer Service for further advice.
ACCESSING THE WEBSITE
Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Website without notice. We will not be liable if for any reason our Website is unavailable at any time or for any period.
Our Website relies in part on software to work. Software has bugs. Whilst we will monitor the Website and try to fix bugs, we cannot guarantee that the Website or any individual feature of the Website will be error free, available all the time and/or free from viruses.
NO WARRANTIES
We provide no warranty, whether expressly or implied, of any kind including but not limited to any implied warranties or implied terms of satisfactory quality, fitness for a particular purpose or non-infringement. All such implied terms and warranties are hereby excluded.
CHANGES TO THE WEBSITE OR APPLICATION
We reserve the right to change the content of the Website at any time. If the need arises, we may suspend access to the Website or close it indefinitely. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
YOUR CONCERNS
If you have any concerns about the material which appears on our Website or if you see something which you reasonably believe breaches these Terms and Conditions, please email us at customercare@aviela.co.uk.
VALIDITY
If any part or provision of these Terms and Conditions is found to be unlawful or unenforceable, this shall not affect the validity of any other part or provision.
ENTIRE AGREEMENT
These Terms and Conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of these Terms and Conditions. We each acknowledge that neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions or the documents referred to in them. Each of us acknowledges and agrees that the only remedy available to it for breach of these Terms and Conditions shall be for breach of contract under these Terms and Conditions. Nothing in these Terms and Conditions, however, operate to limit or exclude any liability for fraud.
JURISDICTION AND APPLICABLE LAW
These Terms and Conditions are governed by English law. The English courts shall have exclusive jurisdiction over any dispute relating to these Terms and Conditions.