Clubelle Terms of Use (As of October 22, 2015)

Please read these Terms of Use (“Terms“, “Terms of Use“) carefully before accessing or using clubelle.com and m.clubelle.com (together, the “Website”), Clubelle’s mobile and desktop apps (“Apps“) and all related players, widgets, tools, applications, data, software, APIs (which may also be subject to separate API Terms of Use), and all other services provided by Clubelle (together, the “Service“,“we”, “our” and “us”).

These Terms govern your (“you”, “user”) use of and membership in the Service and apply to all visitors, users and others who access or use the Service. Together with our Privacy Policy, Cookies Policy, Community Guidelines and any other terms specifically referred to in any of those documents, these Terms constitute a legally binding agreement (the “Agreement”) between you and Clubelle in relation to your use of the Service.

If you do not agree to any of the provisions hereof, you should not use the Website, Apps or any parts of the Service. By accessing or using the Website, registering an account, or by viewing, accessing, streaming, uploading or downloading any information or content from or to the Website, you represent and warrant that you have read and understood the Terms of Use, Privacy Policy, Cookies Policy and Community Guidelines, will abide by them, and that you are either 18 years of age or more, or you are 13 years of age or more and have your parent(s)’ or legal guardian(s)’ permission to use the Service.

We may, from time to time, release new tools, features or services. Any new tools, features and services will be subject to these Terms of Use as well as any applicable additional terms of use that we may release (subject however to Section XI below).

The user can access, print and download or save these Terms of Use at any time, even after the formation of the contract between the parties via the link http://clubelle.com/terms/

These Terms of Use are divided into the following sections:

I. Purchases
II. Availability, Errors and Inaccuracies
III. Contests, Sweepstakes and Promotions
IV. Hosting and Rights to User Content
V. Registration and Accounts
VI. Your Use of the Service; Member Obligations; Community Guidelines
VII. Copyright Policy
VIII. Intellectual Property
IX. Links To Other Web Sites
X. Data Protection and Privacy Policy
XI. Term and Termination
XII. Limitation Of Liability
XIII. Disclaimer and Indemnification
XIV. Governing Law
XV. Changes
XVI. Severability
XVII. Assignment of Agreement
XVIII. Questions and Conflict Resolution

I. Purchases

  1. If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
  2. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
  3. Clubelle will use a third-party to process any payments from you. By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
  4. The third-party payment processor (and not Clubelle) is responsible for collecting and processing credit card information and Clubelle does not collect or store your credit or debit card number or other financial information. We suggest contacting the third-party payment process directly for information on its terms of use and privacy policy, including information on its eligibility requirements, authentication and fraud prevention measures and security measures.
  5. We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
  6. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

II. Availability, Errors and Inaccuracies

  1. We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.
  2. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

III. Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

IV. Hosting and Right to User Content

  1. Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”).
  2. You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
  3. Your Content may not contain, and you must not use the Service to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:
  • any media like images or video that contains personally identifiable information (like name, phone number, email address or web site URL) of you or of anyone else. This is to protect your privacy.
  • any Content that is offensive, libelous, defamatory, obscene, racist, sexually explicit, pornographic, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in Clubelle’s reasonable discretion;
  • any information, Content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or
  • any Content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise is illegal or unlawful in Clubelle’s reasonable opinion;
  • any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which or might overburden, impair or disrupt the Service or servers or networks forming part of, or connected to the Service, or which does or might restrict or inhibit any other user’s use and enjoyment of the Service.
  • any unsolicited or unauthorised advertising or promotional messages, spam or any other form of solicitation.
  1. When you submit to us Content or any abstracts thereof, you (i) represent and warrant that the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms (ii) grant to us the non-exclusive, unlimited in time and territory, but revocable right, to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely for the purpose of providing such Content on and through the Service. This includes the right to store, reproduce, make available, and amend (as far as connected with the formatting, technical processing, transmission and display of the Content, or the technical processing and transmission of our services) such Content on (mobile) devices, and the right to create and make available thumbnails. You are aware that the Content can be found on Internet search engines and that the Service may display advertising in connection with your Content.
  2. We do not make no any representation or give any guarantee as regards completeness, correctness or appropriateness of the information on the Service. This applies in particular to Content provided by third parties (including the Members) and links to content on third party websites. Only the respective provider is responsible for such third party content. We cannot influence, therefore do not endorse and distance ourselves from such third party content.

V. Registration and Accounts

  1. To access to and use certain parts of the Service or its features requires an application of the user by completing the registration process available on Clubelle website at http://clubelle.com.
  2. Membership is open to any natural persons with full legal capacity. If you are a person under 18 years of age, you need to ask your parent or guardian to review and approve these Terms of Use on your behalf.
  3. The data requested in each case must be provided in full and correctly, including first name and last name, current mailing address and telephone number, a valid email address. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
  4. Clicking on the “Sign up” button constitutes concluding a contract for the use of the Service upon these Terms of Use.
  5. When you sign up to use the Service, you may be asked to choose a password for your account (the “Account”). The personal data you provide to us will be treated in accordance with our Privacy Policy.
  6. You shall ensure that your account is solely used by yourself. You are solely responsible for maintaining the confidentiality and security of your password and Account, whether your password is with our Service or a third-party service. You will remain responsible for all use of your password, and all activity emanating from your Account, whether or not such activity was authorized by you. If there is reason to believe that your password is lost or stolen, or if you believe that your Account has been accessed by unauthorized third parties, you must inform us immediately in writing, and should change your password at the earliest possible opportunity.
  7. The Account is personal to you and cannot be transferred to a third party.
  8. If any data submitted by the user at registration changes or otherwise ceases to be correct, the user must immediately correct the information stored in the user account.

VI. Your Use of the Service; Member Obligations; Community Guidelines

  1. Subject to your strict compliance with these Terms of Use and our Community Guidelines and all applicable laws, Clubelle grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and license to use the Service.
  2. Users using the Service may not violate any applicable law. In particular,
  • You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law or regulation.
  • You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person.
  • You must not use or attempt to use another person’s account, password, or other information, unless you have express permission from that other person.
  • You must not sell or transfer, or offer to sell or transfer, any Clubelle account to any third party without the prior written approval of Clubelle.
  • You must not illegally collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping.
  • You must not use the Service in order to publish or transmit spam emails or any other form of unfair advertising.
  • You must not violate, circumvent or attempt to violate or circumvent any data security measures employed by Clubelle or any other Member; attempt to interfere with the Service by any means including, without limitation, hacking Clubelle’s servers or systems, submitting a virus, overloading, mail-bombing or crashing.
  1. Notwithstanding the fact that Clubelle has no legal obligation to monitor the Content on the Service, Clubelle reserves the right to investigate any situation that appears to involve any of the above, block, remove or delete any Content at any time, and to limit or restrict access to any Content, and may report such matters to, and co-operate with, appropriate law enforcement authorities, for any reason and without liability, including without limitation, if we have reason to believe that such Content does or might infringe the rights of any third party, or is in breach of these Terms of Use, our Community Guidelines or applicable law, or is otherwise unacceptable to Clubelle.

VII. Copyright Policy

  1. We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property infringement (“Infringement”) of any person.
  2. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of “Copyright Infringement” of copyright@clubelle.com and include in your notice:
  • a statement that you have identified content on the Service that infringes your copyright or other intellectual property right or such right of a third party on whose behalf you are entitled to act;
  • a precise description of the (copyright) work that you claim have been infringed;
  • a precise description of the content that you claim is infringing and the URL(s) where such content is located;
  • your full name, address and telephone number, a valid email address on which you can be contacted ;
  • a statement by you that you have a good faith belief that the disputed use of the content is not authorized by the (copyright) owner, its representative, or the law;
  • a statement by you that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
  1. You understand that (i) we may forward your notification to the author of the allegedly infringing content for a counterstatement (ii) You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright. We also reserve the right to transmit a user’s contact data to a rights owner who has substantiated an infringement by such user for the purposes of enforcing its statutory rights. Sec. IX shall remain unaffected.

VIII. Intellectual Property

  1. The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Clubelle and its licensors. The Service is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Clubelle.
  1. The Service, including the code, graphics, user interface, databases, and other content, contains material as well as names and marks (including the trademarks “Clubelle”) are protected by copyright, trademark and other laws. As between you and Clubelle, you agree that all title, ownership rights and intellectual property rights in and to the Service (other than your Content) are owned or licensed by Clubelle, and that you may not use, display, copy or exploit any of it (safe for the limited license granted herein) without our express prior permission. All third party trademarks that appear in the Service are the property of their respective owners and all rights in them are reserved.

IX. Links To Other Web Sites

  1. Our Service may contain links to third-party web sites or services that are not owned or controlled by Clubelle.
  1. Clubelle has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Clubelle shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
  2. We strongly advise you to read the Terms of Use and privacy policies of any third-party web sites or services that you visit.

X. Data Protection and Privacy Policy

  1. All personal data that you provide to us in connection with your use of the Service is collected, stored, used and processed by us in strict accordance with applicable data protection provisions and our Privacy Policy.
  2. We are entitled to collect, process and use all data provided by a user and all data accruing in connection with the use of the Service in accordance with applicable laws including or if you have given us your explicit consent.

XI. Term and Termination

  1. Your Agreement with us is unlimited in time.
  2. You may terminate this Agreement at any time by sending an email to support@clubelle.com.
  3. Further, we may terminate this Agreement at any time if (i) you are in breach of any provision of these Terms of Use or the Community Guidelines and (if capable of remedy and if reasonable) you fail to remedy the same within 10 (ten) days of notice by us of such breach requiring its remedy, or (ii) if activities occur on that Account which would constitute a violation of these Terms of Use, or an infringement or violation of the rights of any third party, or of any applicable laws or regulations and (if capable of remedy and if reasonable) you fail to remedy the same within [10] (ten) days of notice by us of such breach requiring its remedy or (iii) [for cause] or (iv) any time upon 3 days prior notice.
  4. Both Parties’ right of termination for cause remains unaffected.
  5. In any of the events under Section XI.3, we may also temporarily suspend your access to the Service and your Account. If feasible and reasonable, we shall give you reasonable prior notice to allow you to remedy the breach. Our right of termination shall remain unaffected.
  6. In the event of a termination, any of your rights to use the Services shall automatically cease, and we reserve the right to delete any or all of your Content.
  7. All termination notices must be in writing, including email.

XII. Limitation Of Liability

  1. In no event shall Clubelle, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
  2. In no event will Clubelle’s total liability to you for all damages, losses or causes of action exceed one hundred euros (€100). Some jurisdictions do not allow the exclusion of certain warranties or limitation or exclusion of liability for incidental or consequential damages. Accordingly, some othe the above limitations set forth above may not apply to you. If you are dissatisfied with any portion of the service or with these terms of service, your sole and exclusive remedy is to discontinue use of the service.

XIII. Disclaimer and Indemnification

  1. Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
  2. Clubelle does not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
  3. You hereby agree to indemnify and hold harmless Clubelle against any and all claims and damages (including reasonable attorneys’ fees), resulting from (i) any willful or negligent violation by you of these Terms of Use or our Community Guidelines, (ii) any third party claim of infringement of copyright, other intellectual property rights, invasion of privacy or other rights arising from the use or hosting of your Content on the Service in accordance with these Terms of Use, or (iii) any activity related to your Account (including an infringement of the provisions in Sections V or VI, unless and to the extent caused by Clubelle.
  4. Clubelle provides the infrastructure to connect you to our providers (“Beauty Advisor” or “Provider”). CLUBELLE DOES NOT PROVIDE MEDICAL ADVICE. The information on the Service does not constitute medical advice of any kind and it is not intended to be, and should not be, used to diagnose or identify treatment for a medical or mental health condition. Nothing on the Site should be construed as an attempt to offer or render a medical or mental health opinion or otherwise engage in the practice of medicine by Clubelle.
  5. CLUBELLE DOES NOT RECOMMEND, REFER, ENDORSE, VERIFY, EVALUATE OR GUARANTEE ANY ADVICE, INFORMATION, TREATMENT, INSTITUTION, PRODUCT, SERVICE PROVIDER, OPINION OR OTHER INFORMATION OR SERVICES PROVIDED BY ANY PROVIDER USING THE SITE, AND NOTHING SHALL BE CONSIDERED AS A REFERRAL, ENDORSEMENT, RECOMMENDATION OR GUARANTEE OF ANY PROVIDER. CLUBELLE DOES NOT WARRANT THE VALIDITY, ACCURACY, COMPLETENESS, SAFETY, LEGALITY, QUALITY, OR APPLICABILITY OF THE CONTENT OR ANYTHING SAID OR WRITTEN BY ANY PROVIDER OR ANY ADVICE PROVIDED. CLUBELLE WILL NOT BE LIABLE FOR ANY DAMAGES SUSTAINED DUE TO RELIANCE BY THE USER ON SUCH INFORMATION OR ADVICE PROVIDED BY ANY PROVIDER.

XIV. Governing Law

  1.  These Terms of Use are subject to the laws of the England and Wales, without regard to its conflict of law provisions, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and excluding the principles of conflict of laws.
  2. You hereby agree to submit to the exclusive jurisdiction of the courts in London, England, for resolution of any dispute, action or proceeding arising out of or in connection with this Agreement in the event that you are a businessperson, a legal entity under public law or a separate legal funds under public law, or if you have no general place of jurisdiction in the England and Wales, or if you change your domicile or place of habitual residence to outside the England and Wales after the conclusion of this Agreement, or if your domicile or habitual place of residence is not known at the time the action is filed.

XV. Changes

  1.  We reserve the right to change these Terms of Use at any time subject to the following provisions. The date of last modification is stated beginning of these Terms of Use.
  2. If the change is material, we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. If you do not object to the revised Terms of Use, the revised Terms of Use will be deemed accepted by you 30 days after such notification. In the event that you object the revised Terms of Use, we reserve the right to Terminate your Agreement with us.

XVI. Assignment of Agreement

You may not assign any of your rights under this Agreement to a third party without our prior written agreement. Clubelle reserves the right, and you hereby consent to, to assign and transfer this Agreement and any of its rights hereunder to a company tentatively named Clubelle Ltd, provided that such assignee shall assume and undertake to fulfill any of our obligations towards you hereunder.

XVII. Severability

  1. Should one or more provisions of your Agreement with us be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of this Agreement. Same shall apply to gaps.
  2. In this event, the Parties undertake to replace such unlawful, void or unenforceable provision with a valid) provision that comes as close as possible to what the parties had originally intended.
  3. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

XVIII. Questions and Conflict Resolution

If you have any questions about these Terms, please contact us. Also please note that most user concerns can be resolved quickly and to the user’s satisfaction by emailing user support at support@clubelle.com.