Terms of use: effective as of 11/10/2020

Thank you for accessing www.loreal-paris.co.za (our Site).

TERMS OF USE OF WEBSITE

www.loreal-paris.co.za

Effective as of 11/10/2020

Thank you for accessing www.loreal-paris.co.za (our Site). Please read these terms and conditions (Terms) before using our Site which is operated by L’Oréal South Africa (Proprietary) Limited, a company registered in South Africa under company number 1993/002698/07, whose registered office and main trading office is at Building 17, The Woodlands Office Park, Corner Kelvin and Woodlands Drive, Woodmead 2191 (“L’Oréal”).

These Terms (together with any documents referred to in them) tells you the terms of use on which you make use of our Site, whether as a guest or a registered user. Use of our Site includes accessing, browsing, or registering to our Site. Please read these Terms carefully before you start to use our Site.

By using our Site, you confirm that you have read and understand the Terms. Furthermore that you agree and accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use our Site.

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

For any request relating to your use of the Website, you may contact Us at the following address: lorealparisrsa@loreal.com PR L’Oréal South Africa, Private Bag X2, Wendywood

1. ACCESS TO THE WEBSITE

Access to the Website and/or certain sections thereof may require the use of PIN codes. In such case it is up to you to take the necessary steps to keep such codes secret. You may naturally change them at any time. However, the number of attempts to access the Website and/or certain section thereof may be limited in 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 reserve the right to suspend your access.

Additional fees for accessing and using the Internet remain at your charge.

2. VIRTUAL-TRY-ON FEATURE

This Website may provide you with a make-up or hair-color try-on feature. You can choose the live service (using your device webcam) or an existing picture (uploaded from your device).

The result of the experience (picture with make-up or hair-color) can be downloaded on your device and you may have the option to share it on social platforms. You are free not to use this service.

Pictures are not stored by Us, unless you use the sharing on social platforms, in such case, the picture will be stored during 49 hours. The picture is deleted automatically after such period.

If you share the result of the experience outside of the virtual-try-on feature (through native features available in your device) We are not involved in such sharing (no personal data processing by Us).

3. SKIN ANALYSIS FEATURE

This Website may allow you to use a skin analysis feature. This is an online service capable of analyzing skin aging with one picture based on artificial intelligence. Your picture is analyzed and then, based on your age and skin type, you will be provided with your skin results and a personalized skincare routine. You have the possibility to receive the report and the product recommendation via e-mail and to subscribe to the newsletter. You are free not to use this service.

The picture collected through this service is only used to perform the skin analysis and is deleted automatically post analysis.

4. INTELLECTUAL PROPERTY

a. Intellectual property rights

Developing this Website involved significant investments. The Website and each of the elements it comprises (i.e., brands, images, texts, videos, etc.) are protected by intellectual property rights. No use, reproduction or representation of the Website (in whole or in part), on any media whatsoever, for any other purposes, including, but not limited to, commercial purposes, shall be authorized.

We may make available to you via this Website contents that you are authorized to download (hereinafter the "Downloadable Content"). We grant you, for your personal and private use only, free of charge and for the legal protection period of intellectual property rights as defined by French and foreign laws and international treaties, a non-exclusive and non-transferable right to use the Downloadable Content. Any reproduction, representation, modification or distribution of the Website shall be prohibited. By downloading or using such Downloadable Content, you agree to use them in accordance with these Terms of Use.

In the event that We make a Website available to you which enables you to edit a picture (especially in order to virtually test a cosmetic), you hereby acknowledge and agree that such Website shall be only for your own private use in compliance with its intended purpose. You shall not be authorized to make any such use of this Website as may be detrimental to the honor, repute or rights of any third parties as described below.

b. Third-party rights

We hereby remind you that you shall secure all the necessary authorizations and rights from any relevant rightsholders in connection with any content you may wish to post via the Website, 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 quiet use of such contents. For example, you shall secure the rights in and to any contents (especially photographs) showing recent architectural items, advertising designs or apparel designs that might appear (acronyms, logos, etc.).

c. User Contents

We may make available via this Website a space dedicated to user contents, such as text, photos, videos, opinions, etc. (hereinafter "User Content").

By posting User Content via the Website, you hereby grant Us a royalty-free, irrevocable, non-exclusive, worldwide and for the legal protection period of intellectual property rights as defined by French and foreign laws and international treaties (including any subsequent suppletive or amending regulations) license to reproduce, display, use, copy, modify, adapt, edit, distribute, translate, create derivative works from, incorporate into other works, distribute such User Content (in whole or in part).

Said use shall be authorized for all in-house or external, corporate or financial communication purposes, advertising, and for all public relations, historical or archival purposes, of L’ORÉAL Group or its affiliates, its products and/or its brands, particularly on the following media:

Posting in all format, in unlimited quantity,
The written press, unlimited number of publications,
Publishing, unlimited number of publications, particularly publishing for purposes of in-house communication, including sales force and distribution network (wholesalers, retailers, agents, etc.), events, leaflets for congresses, tradeshows, stands ...; B-to-B communication, in the professional press, for an unlimited number of publications and/or quantities;
Electronic, IT, digital, multimedia, Internet and Intranet publishing, via any websites (whatever the website and/or medium, including social networks such as Facebook, Twitter, YouTube or Dailymotion), unlimited number of inserts and broadcasts,
via any advertising media (including by way of advertising at retail outlets and on the L’ORÉAL Group brand products (hereinafter the “Media”).

You are hereby informed that said social networks are platforms owned by third-parties and, accordingly, the circulation and use of User Content via said social networks shall be governed by the terms of use defined by said third parties. Therefore We shall not be held responsible for any use of the content by Us or any third parties in accordance with the terms of use defined by the social networks, including without limitation, in terms of the scope and duration of licensed rights, and removal of Content. You shall be responsible for handling any third-party claims relating to the use of the Content in accordance with the terms of use defined by the social networks.

In addition, We hereby remind you that any Content may be referenced on a search engine and therefore to be accessed by an audience outside the Website.

This authorization gives Us the possibility to adapt your Content as initially fixed and/or make any such clarification to the User Content as We may consider useful, provided that the User Content shall not alter your image or words.

Further, the use of User Content may come with such anonymized information as your city, country or age, and/or, if you expressly authorized it, information allowing your identification such as your first name, or your alias.

Any such User Content as you may publish via this Website shall be chosen by you and under your sole liability. However, We would like to remind you that User Content shall not conflict with applicable legislation or accepted standards of morality, or the principles stated herein. In this regard, We reserve the right to remove at any time any such User Content as may not comply with these Terms of Use, including the Code of Conduct.

In addition, if you access User Content created by another user, you shall be required to comply with said user’s rights and you shall, in particular, not reproduce or disseminate said Content published via other media without the relevant user’s prior consent.

5. CODE OF CONDUCT

We support the values of tolerance and respect of others.

For this reason, by using this Website, you agree not to:

- Publish or provide any personal data that may be considered ‘sensitive’:

personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs;
trade-union membership;
genetic data, biometric data processed solely to identify a human being;
health-related data;
data concerning a person’s sex life or sexual orientation;- Convey any racist, violent, xenophobic, malicious, rude, obscene or unlawful comments;

- Disseminate any content that may be harmful, defamatory, unauthorized, malicious or infringing on privacy or publicity rights, inciting violence, racial or ethnic hatred or qualify as gross indecency or incitement to commit certain crimes or offences;

- Use the Website for political, propaganda or proselytizing purposes;

- Publish any content advertising or promoting any products and/or services competing with the brand(s) displayed on the Website;

- Divert the Website from its intended purpose, including by using it as a dating service;

- 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;

- Disseminate any information or content that may be upsetting for the youngest;

- Intimidate or harass others;

- Conduct illegal activities, including that may infringe anyone’s rights in and to any software, trademarks, photographs, images, texts, videos, etc.;

- Disseminate content (including photographs and videos) portraying minors.

If you become aware of any such User Content as may condone crimes against humanity, incite racial hatred and/or violence, or relate to child pornography, we request that you immediately notify Us at the following email address lorealparisrsa@loreal.com , or by sending a detailed letter to the following address: L’Oréal South Africa, Private Bag X2, Wendywood, specifying in your email/letter the date on which you discovered said content, your identity, the URL, description of the disputed content and the user ID of the author thereof.

If you consider that any User Content is in breach of the principles listed above, of your rights or any third party’s rights (e.g., any infringement, insult, breach of privacy), you may send a notice to the following email address: lorealparisrsa@loreal.com, or by sending a detailed letter to the following address: L’Oréal South Africa, Private Bag X2, Wendywood, specifying in your email/letter the date on which you discovered said content, your identity, the URL, description of the reported content and the user ID of the author thereof.

6. INFORMATION CONTAINED ON THE WEBSITE

a. General provisions

We hereby remind you that inaccuracies and omissions may appear in the information available on this Website, particularly due to third parties. We hereby undertake to remove inaccuracies or to complete such information on the Website as soon as possible.

b. Information on the products and services

The products and services presented to you on this Website are not offered for sale but a general presentation of the range of the products and services that We distribute in the country where this Website is available.

c. Advice and beauty profile

The advice provided on this Website and/or the tools made available to define your beauty profile are merely simulations intended for obtaining expert cosmetics advice.

The information they deliver are for strictly indicative purposes and shall in no event replace a medical diagnosis or clinical consultation, nor be substituted for a medical treatment.

Accordingly, We cannot guaranty your entire satisfaction with the advice that results from the use of such tools and assume no liability for any use you may make thereof.

For any further information or in the event of doubt, We recommend that you consult your physician.

d. Hypertext links

The hypertext links included on the Website may lead you to websites published by third parties and the content of which We do cannot control. Accordingly, to the extent that said hypertext links were included on this Website for the sole purpose of facilitating your browsing experience of the Internet, looking up any third-party websites shall be your own decision and your sole liability.

7. PERSONAL DATA PROCESSING

You hereby expressly consent, by its use of the Website herein, to the collection, use, processing, storage, transfer and sharing of its Personal Information to the entities that are related to L’Oréal, including but not limited to L’Oréal and its service providers, provided that such processing is in line with the data protection laws in the country where the personal information is being processed.

We may collect personal data related to you, particularly when you: (i) subscribe for a service; (ii) download Downloadable Content; (iii) sign in; (iv) apply for a game/competition; (v) send Us an e-mail; (v) respond to a poll or study etc.

You have the right to access, change, correct and delete Personal Information. For any further information on the processing of your personal data, please look up our privacy policy here.

You expressly consent to L’Oréal transferring the Personal Information outside the Republic of South Africa to its server hosted in a member state of the European Union that is subject to the relevant data protection laws.

8. COOKIES

Cookies are small files that are left on your device while you browse the Website (such as the pages looked up, the date and time of such access, etc.) and which may be read whenever your access the same Website (hereinafter “Cookies”).

For further information on the use of cookies, please consult our cookie table here.

9. AMENDMENT TO THE WEBSITE AND THE TERMS OF USE

Any amendment shall be notified to you via the Website before becoming effective under these Terms of Use. Unless the amendment requires your express approval, your continued use of the Website shall be deemed as your acceptance of the new Terms of Use.

10. CREDITS

The Website was developed for the Publisher by L’Oréal S.A. whose registered office is located at 41 Rue Martre, 92117, Clichy, France

11. DISCLAIMER

It is hereby further specified that the Internet and IT or telecommunication networks are not error-free and that interruptions and failures can occur. We cannot provide any guarantee in this regard and shall not therefore be held liable for any damage that may relate to the use of the Internet and IT or telecommunication networks, including, without limitation:

Poor transmission and/or reception of any data and/or information via the Internet;
Any external intrusions or computer viruses;
Any defaulting reception equipment or communication networks; and
Any such Internet malfunction as may hinder the proper operation of the Website.

Lastly, our liability shall be limited to direct damage, excluding any other damage or loss whatsoever. More specifically, any indirect damage relating, without limitation, to any loss of profit, revenue or goodwill.

12. GOVERNING LAW AND DISPUTES

These Terms of Use shall be governed by the laws of the Republic of South Africa.

For any issue, please contact our Customer Service:

lorealparisrsa@loreal.com

0860 102 491

Monday to Thursday 8am – 5pm

Friday 8am – 4:30 pm

Closed Weekends and Public Holidays

Pursuant to applicable rules governing mediation, any consumer dispute shall be primarily submitted in writing to Customer Service at the following address:

lorealparisrsa@loreal.com OR L’Oréal South Africa, Private Bag X2, Wendywood

13. SEVERANCE AND WAIVER

If any provision of these Terms is found to be invalid by any court having jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

We do not endorse or control the User Content transmitted or posted on the Site and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Site.

We have the right to remove any User Content if, in our opinion, such material does not comply with these Terms of Use including if the content is illegal and/or contrary to the accepted standards of morality and/or infringes the rights of third parties.

***

1. ACCESS TO THE WEBSITE

You may freely use the Website, without being required to sign in or create an account.

Access to the Website and/or certain sections thereof may require the use of PIN codes. In such case it is up to you to take the necessary steps to keep such codes secret. You may naturally change them at any time. However, the number of attempts to access the Website and/or certain section thereof may be limited in 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 reserve the right to suspend your access.

Additional fees for accessing and using the Internet remain at your charge.

2. VIRTUAL-TRY-ON FEATURE

This Website may provide you with a make-up or hair-color try-on feature. You can choose the live service (using your device webcam) or an existing picture (uploaded from your device).

The result of the experience (picture with make-up or hair-color) can be downloaded on your device and you may have the option to share it on social platforms. You are free not to use this service.
Pictures are not stored by Us, unless you use the sharing on social platforms, in such case, the picture will be stored during 49 hours. The picture is deleted automatically after such period.

If you share the result of the experience outside of the virtual-try-on feature (through native features available in your device) We are not involved in such sharing (no personal data processing by Us).

3. SKIN ANALYSIS FEATURE

4. INTELLECTUAL PROPERTY

a. Intellectual property rights

Developing this Website involved significant investments. The Website and each of the elements it comprises (i.e., brands, images, texts, videos, etc.) are protected by intellectual property rights. No use, reproduction or representation of the Website (in whole or in part), on any media whatsoever, for any other purposes, including, but not limited to, commercial purposes, shall be authorized.

We may make available to you via this Website contents that you are authorized to download (hereinafter the "Downloadable Content"). We grant you, for your personal and private use only, free of charge and for the legal protection period of intellectual property rights as defined by French and foreign laws and international treaties, a non-exclusive and non-transferable right to use the Downloadable Content. Any reproduction, representation, modification or distribution of the Website shall be prohibited. By downloading or using such Downloadable Content, you agree to use them in accordance with these Terms of Use.

In the event that We make a Website available to you which enables you to edit a picture (especially in order to virtually test a cosmetic), you hereby acknowledge and agree that such Website shall be only for your own private use in compliance with its intended purpose. You shall not be authorized to make any such use of this Website as may be detrimental to the honor, repute or rights of any third parties as described below.

b. Third-party rights

c. User Contents

We may make available via this Website a space dedicated to user contents, such as text, photos, videos, opinions, etc. (hereinafter "User Content").

By posting User Content via the Website, you hereby grant Us a royalty-free, irrevocable, non-exclusive, worldwide and for the legal protection period of intellectual property rights as defined by French and foreign laws and international treaties (including any subsequent suppletive or amending regulations) license to reproduce, display, use, copy, modify, adapt, edit, distribute, translate, create derivative works from, incorporate into other works, distribute such User Content (in whole or in part).

Said use shall be authorized for all in-house or external, corporate or financial communication purposes, advertising, and for all public relations, historical or archival purposes, of L’ORÉAL Group or its affiliates, its products and/or its brands, particularly on the following media:
• Posting in all format, in unlimited quantity,
• The written press, unlimited number of publications,
• Publishing, unlimited number of publications, particularly publishing for purposes of in-house communication, including sales force and distribution network (wholesalers, retailers, agents, etc.), events, leaflets for congresses, tradeshows, stands ...; B-to-B communication, in the professional press, for an unlimited number of publications and/or quantities;
• Electronic, IT, digital, multimedia, Internet and Intranet publishing, via any websites (whatever the website and/or medium, including social networks such as Facebook, Twitter, YouTube or Dailymotion), unlimited number of inserts and broadcasts,
• via any advertising media (including by way of advertising at retail outlets and on the L’ORÉAL Group brand products (hereinafter the “Media”).

You are hereby informed that said social networks are platforms owned by third-parties and, accordingly, the circulation and use of User Content via said social networks shall be governed by the terms of use defined by said third parties. Therefore We shall not be held responsible for any use of the content by Us or any third parties in accordance with the terms of use defined by the social networks, including without limitation, in terms of the scope and duration of licensed rights, and removal of Content. You shall be responsible for handling any third-party claims relating to the use of the Content in accordance with the terms of use defined by the social networks.

In addition, We hereby remind you that any Content may be referenced on a search engine and therefore to be accessed by an audience outside the Website.

This authorization gives Us the possibility to adapt your Content as initially fixed and/or make any such clarification to the User Content as We may consider useful, provided that the User Content shall not alter your image or words.

Further, the use of User Content may come with such anonymized information as your city, country or age, and/or, if you expressly authorized it, information allowing your identification such as your first name, or your alias.

Any such User Content as you may publish via this Website shall be chosen by you and under your sole liability. However, We would like to remind you that User Content shall not conflict with applicable legislation or accepted standards of morality, or the principles stated herein. In this regard, We reserve the right to remove at any time any such User Content as may not comply with these Terms of Use, including the Code of Conduct.

In addition, if you access User Content created by another user, you shall be required to comply with said user’s rights and you shall, in particular, not reproduce or disseminate said Content published via other media without the relevant user’s prior consent.

5. CODE OF CONDUCT

We support the values of tolerance and respect of others.

For this reason, by using this Website, you agree not to:

• Publish or provide any personal data that may be considered ‘sensitive’:

- personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs;
- trade-union membership;
- genetic data, biometric data processed solely to identify a human being;
- health-related data;
- data concerning a person’s sex life or sexual orientation;

• Convey any racist, violent, xenophobic, malicious, rude, obscene or unlawful comments;

• Disseminate any content that may be harmful, defamatory, unauthorized, malicious or infringing on privacy or publicity rights, inciting violence, racial or ethnic hatred or qualify as gross indecency or incitement to commit certain crimes or offences;

• Use the Website for political, propaganda or proselytizing purposes;

• Publish any content advertising or promoting any products and/or services competing with the brand(s) displayed on the Website;

• Divert the Website from its intended purpose, including by using it as a dating service;

• 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;

• Disseminate any information or content that may be upsetting for the youngest;

• Intimidate or harass others;

• Conduct illegal activities, including that may infringe anyone’s rights in and to any software, trademarks, photographs, images, texts, videos, etc.;

• Disseminate content (including photographs and videos) portraying minors.

If you become aware of any such User Content as may condone crimes against humanity, incite racial hatred and/or violence, or relate to child pornography, we request that you immediately notify Us at the following email address lorealparisrsa@loreal.com , or by sending a detailed letter to the following address: L’Oréal South Africa, Private Bag X2, Wendywood, specifying in your email/letter the date on which you discovered said content, your identity, the URL, description of the disputed content and the user ID of the author thereof.

If you consider that any User Content is in breach of the principles listed above, of your rights or any third party’s rights (e.g., any infringement, insult, breach of privacy), you may send a notice to the following email address: lorealparisrsa@loreal.com, or by sending a detailed letter to the following address: L’Oréal South Africa, Private Bag X2, Wendywood, specifying in your email/letter the date on which you discovered said content, your identity, the URL, description of the reported content and the user ID of the author thereof.

6. INFORMATION CONTAINED ON THE WEBSITE

a. General provisions

b. Information on the products and services

c. Advice and beauty profile

The advice provided on this Website and/or the tools made available to define your beauty profile are merely simulations intended for obtaining expert cosmetics advice.
The information they deliver are for strictly indicative purposes and shall in no event replace a medical diagnosis or clinical consultation, nor be substituted for a medical treatment.
Accordingly, We cannot guaranty your entire satisfaction with the advice that results from the use of such tools and assume no liability for any use you may make thereof.

For any further information or in the event of doubt, We recommend that you consult your physician.

d. Hypertext links

7. PERSONAL DATA

8. COOKIES

9. AMENDMENT TO THE WEBSITE AND THE TERMS OF USE

We may amend the contents and information included on the Website as well these Terms of Use, particularly for purposes of compliance with any new applicable legislation and/or regulations and/or to improve the Website.

Any amendment shall be notified to you via the Website before becoming effective under these Terms of Use. Unless the amendment requires your express approval, your continued use of the Website shall be deemed as your acceptance of the new Terms of Use.

10. CREDITS

The Website was developed for the Publisher by L’Oreal S.A. whose registered office is located at 41 Rue Martre, 92117, Clichy, France

11. DISCLAIMER

We shall use our best efforts to maintain access to the Website and Downloadable Content at all times. However, we cannot guarantee the permanent availability and accessibility of the Website. Indeed, we may be required to momentarily suspend access to all or part of the Website, particularly for technical maintenance purposes.

It is hereby further specified that the Internet and IT or telecommunication networks are not error-free and that interruptions and failures can occur. We cannot provide any guarantee in this regard and shall not therefore be held liable for any damage that may relate to the use of the Internet and IT or telecommunication networks, including, without limitation:
- Poor transmission and/or reception of any data and/or information via the Internet;
- Any external intrusions or computer viruses;
- Any defaulting reception equipment or communication networks; and
- Any such Internet malfunction as may hinder the proper operation of the Website.

Lastly, our liability shall be limited to direct damage, excluding any other damage or loss whatsoever. More specifically, any indirect damage relating, without limitation, to any loss of profit, revenue or goodwill.

12. GOVERNING LAW AND DISPUTES

These Terms of Use shall be governed by the laws of the Republic of South Africa.

For any issue, please contact our Customer Service:
lorealparisrsa@loreal.com
0860 102 491
Monday to Thursday 8am – 5pm
Friday 8am – 4:30 pm
Closed Weekends and Public Holidays

Pursuant to applicable rules governing mediation, any consumer dispute shall be primarily submitted in writing to Customer Service at the following address:
lorealparisrsa@loreal.com OR L’Oréal South Africa, Private Bag X2, Wendywood

13. SEVERANCE AND WAIVER

*****

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