You may be accessing our Sites from a computer or a mobile device (e.g. through the BEAUTYNOW mobile application). These Terms govern your use of our Sites and your conduct, regardless of the means of access. You may be using our interactive services (“Interactive Services”), such as our Ratings & Reviews (the “RR Service”) and any services which BEAUTYNOW may introduce from time to time. These Terms shall govern your use of the interactive services. This shopping platform is not for shoppers resident in the European Union.
1.1 You may use the Sites only in the manner permitted by these Terms.
1.2 All intellectual property rights (including, without limitation, copyright, trademarks, patents, design rights, and all other forms of intellectual property rights existing in the world) in the Sites are owned by or licensed to BEAUTYNOW and its affiliates. Nothing in this Term constitutes a transfer of any intellectual property rights.
1.3 Permission is granted to electronically copy and to print the terms or content of the Sites purely for personal use and for the sole purpose of placing an order with BEAUTYNOW, using the Interactive Services or using the Sites as a shopping resource. Any other use of materials on the Sites including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance without the prior written permission of BEAUTYNOW is strictly prohibited.
2.1 To be able to make purchases through our Sites, you will be required to provide us with your personal details. In particular, you will be required to provide us with your name, postal address, e-mail address and/or other contact details as indicated.
2.3 Please note that if you do not provide us with all the information we need, you cannot place or process your order.
2.4 Given the popularity of our products, purchase of products on our Sites is limited to 6 per item or variant so that as many customers as possible may enjoy our merchandise. The products, including any samples, are for your personal and non-commercial use only. You may not sell or resell any products which you purchase or otherwise receive from BEAUTYNOW.
2.5 You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer or sell any content, software, products or services contained within, on or via the Sites. You may not use the Sites (and any goods or services purchased on or via the Sites), or any of its content, to further any commercial purpose, including, without limitation, any commercial activity on your own website, auction sites, group buying sites, social media sites or otherwise.
2.6 You agree and undertake that you shall not:
(a) access or use the Sites or any Interactive Services for any illegal purpose or in violation on any applicable laws. You agree that you shall access and use the Sites or any Interactive Services in good faith;
(b) attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Sites or the Interactive Services; or
(c) interfere with another user’s utilization and enjoyment of the Sites or the Interactive Services.
3.2 If any minor uses any products or goods purchased through the Site, it should be only after the parent or legal guardian has discussed the product with the minor.
3.3 The product statements are not intended to diagnose, treat, cure or prevent any condition or disease. References to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by BEAUTYNOW. Product claims or descriptions on this website have been provided to us by relevant brand owners or pursuant to customers review and BEAUTYNOW has not independently verified such claims or descriptions.
3.4 All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions.
3.5 Use of our Sites is not meant to serve as a substitute for professional medical advice; these Sites are solely online stores for specialty beauty products. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Sites before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. BEAUTYNOW does not give or intend to give any answers to medical related questions and these Sites do not replace any medical professional or medical resource. BEAUTYNOW does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Sites. If you are in need of medical attention, call emergency services or your physician immediately.
3.6 While BEAUTYNOW has tried to accurately display the colours of products, the actual colours you see will depend on your display monitor or screen and may not be accurately rendered.
3.7 While we try to provide an accurate description of the products, we do not warrant that the descriptions, colours, information, pricing, promotions or other content available on the Sites is accurate, current or free from error. BEAUTYNOW may correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Sites is inaccurate at any time without prior notice, including after you have submitted your order.
3.8 In the event that the product you receive is defective or incorrect, Clause 8 (Returns, Exchanges and Refunds) of these Terms shall apply.
4.4 Any typographical, clerical or other error or omission in any acceptance, invoice or other document on our part shall be subject to correction without any liability on our part.
YOUR USE OF CONTENT ON THE SITES
5.1 BEAUTYNOW provides the Sites and the Interactive Services and all other applications and services on the Sites as a forum only. To the fullest extent permitted by law, BEAUTYNOW is not and shall not be liable for any statements, representations, or Content provided by its users in any public forum on the Sites or any Social Sites, including without limitation through the Interactive Services. Any Content, if displayed, is displayed for entertainment and informational purposes only.
5.2 More generally, Content posted via or on the Sites or any Social Sites including through the Interactive Services, is not controlled by BEAUTYNOW. We cannot guarantee the accuracy, integrity or quality of such Content. You understand that by using the Interactive Services, BEAUTYNOW shall not be liable for any such Content.
5.3 To the maximum extent permitted by law, BEAUTYNOW will not be liable in any way for any Content, including, but not limited to, for (i) any errors or omissions in any Content; or (ii) any loss or damage (including, without limitation, personal injury or property damage) of any kind incurred as a result of any Content posted, emailed or otherwise transmitted via or to the Sites, Social Sites or through the Interactive Services.
5.5 You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use of any Content or enforce limitations on use of the Site or the Content. You may not interfere with or disrupt the Sites, or servers or networks connected to the Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Sites, including by using any device, software or routine to bypass robot exclusion headers. BEAUTYNOW reserves all rights not expressly granted in and to the Content. When using the Interactive Services, you may not disrupt the normal flow of dialogue, cause a screen to scroll faster than other users are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges.
6.1 You are solely responsible for all content that you upload, post, email or otherwise transmit via or to the Sites, through our Interactive Services or otherwise, including the submission of product ratings and reviews and all other data, profile information, documents, text, software, applications, music, sound, photographs, graphics, video, messages, forum postings, comments, questions, answers or other materials (collectively, “Content”). We will not accept Content from you unless you are a registered user of the Sites. By submitting Content to BEAUTYNOW, you represent and warrant that:
(a) you understand you are participating in a public forum and that your Content will be available to all other users of the Sites, the Interactive Services and potentially Social Sites;
(b) you are the sole author and owner of the intellectual property and other rights thereto (or have the necessary licenses, rights, consents and permissions to use and authorize BEAUTYNOW to use all intellectual property and other rights thereto to enable inclusion and use of the Content in the manner contemplated by the Sites and these Terms); and
(c) all “moral rights” that you may have in such Content have been voluntarily waived by you and you do not require that any personally identifying information be used in connection with the Content that you submit, or any derivative works of or upgrades or updates thereto.
6.2 You also represent and warrant that any Content you submit:
(a) is not false, inaccurate or misleading;
(b) does not harm minors;
(c) does not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity;
(d) does not violate any obligations you may have with respect to such Content under any law or under contractual or fiduciary relationships (such as, but not limited to, insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
(e) does not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
(f) is not, or would not reasonably be considered to be, unlawful, harmful, defamatory, libelous, vulgar, obscene, invasive of another’s privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual, partnership or corporation;
(g) is not submitted for compensation or other consideration from any third party;
(h) does not include any information that references other websites, addresses, email addresses, contact information or phone numbers;
(j) will not expose BEAUTYNOW to any civil or criminal proceedings in any part of the world;
(k) may be used by BEAUTYNOW for the purposes and in the manner set out in Clause 11.5 and will not require further licenses from, or infringe any intellectual property or other rights of, any third party;
(l) is not unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; and
(m) does not contain any computer viruses, worms or other potentially damaging computer programs or files.
6.3 BEAUTYNOW does not endorse any Content or any opinion, recommendation or advice expressed therein, and BEAUTYNOW disclaims all liability with respect to the Content. Content including reviews featured on the Sites are from BEAUTYNOW’s global client database.
6.4 If your Content includes ideas, suggestions, documents or proposals to BEAUTYNOW through the Interactive Services:
(a) such Content is not confidential or proprietary and BEAUTYNOW has no obligation of confidentiality, express or implied, with respect thereto;
(b) BEAUTYNOW may have something similar to that Content already under consideration or development; and
(c) you are not entitled to compensation, payment or reimbursement of any kind for such Content from BEAUTYNOW under any circumstances unless you are otherwise notified by BEAUTYNOW in writing.
6.5 For any Content that you submit, you grant BEAUTYNOW and its affiliates and related entities a worldwide, perpetual, irrevocable, royalty-free, sub-licensable and transferable right and license to use, reproduce, communicate, distribute, copy, modify, delete in its entirety, edit, adapt, publish, translate, publicly display, publicly perform, use, create derivative works from and/or sell and/or distribute such Content and/or incorporate such Content into any form, medium or technology whether now or hereafter known throughout the world without compensation to you. This license will survive the termination of these Terms and your use of the Sites.
6.6 All Content that you submit is not confidential and may be used at BEAUTYNOW’s discretion. BEAUTYNOW may or may not pre-screen Content. However, BEAUTYNOW and its designees will have the right (but not the obligation) in their discretion to pre-screen, change, condense or delete any Content on the Sites. In particular, BEAUTYNOW and its designees will have the right to remove any Content that BEAUTYNOW deems, in its discretion, to violate the Guidelines, or any other provision of these Terms or is otherwise objectionable.
6.7 Ratings, written comments, questions and answers are generally posted within 2 to 4 business days. However, BEAUTYNOW reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not BEAUTYNOW, are responsible for the contents of any Content you submit. None of the Content that you submit shall be subject to any obligation of confidence on the part of BEAUTYNOW, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees.
6.8 You agree that BEAUTYNOW may in its sole discretion and without notice remove, withdraw or discard any Content for any reason, including without limitation where BEAUTYNOW has determined that any Content has violated or is inconsistent with the Terms.
(b) provide details about why you like or dislike a product;
(c) all submitted reviews, comments and questions are read by our moderators and approval of your review is subject to these Terms.
7.2 You may not use our Interactive Services to impersonate any person or entity, including, without limitation, any BEAUTYNOW official or employee, or to falsely state or otherwise misrepresent your affiliation with a person or entity. You may not use the Interactive Services to collect or store personal data about other users.
7.3 As noted above and in Clause 11, BEAUTYNOW reserves the right to refuse posting a review, or to withdraw a posted review for any reason including if it violates the Rules, Guidelines or the provisions of these Terms regarding submission of Content generally.
8.2 BEAUTYNOW does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content or any Third Party Websites. BEAUTYNOW is not responsible for updating or reviewing Third Party Content or Third Party Websites. You use Third Party Content and Third Party Websites at your own risk. You acknowledge and agree that BEAUTYNOW is not responsible or liable for any content, advertising, products, or other materials on or available from any Third Party Websites or the availability of any content on the linked sites. You further acknowledge and agree that BEAUTYNOW 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 Third Party Websites. Third Party Content, including comments from third party users submitted to BEAUTYNOW through the Interactive Services, do not necessarily reflect the views of BEAUTYNOW.
9.1 Please be aware that when you access the Sites through a mobile device (e.g. via the BEAUTYNOW mobile application), your carrier’s normal rates and fees such as text messaging fees or data charges will apply.
10.1 BEAUTYNOW reserves the right to modify, discontinue or disable the Sites or any part of the Sites at any time, either on a permanent or temporary basis.
10.2 BEAUTYNOW reserves the right, at any time, without notice and in its discretion, to terminate, suspend or restrict your use of the Interactive Services and the Sites and to block or prevent your future access to and use of the Interactive Services and the Sites.
10.3 All provisions of these Terms that expressly survive termination or that by their nature are intended to survive such termination (including disclaimers and limitations of liability, all disclaimers of representations, warranties and conditions, and all statements recognizing BEAUTYNOW and third party intellectual property rights) shall survive such termination.
10.4 BEAUTYNOW may access, preserve and disclose your account information and Content, including if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:
(a) comply with legal process;
(b) enforce these Terms;
(c) respond to claims that any Content violates the rights of third parties;
(d) respond to your requests for customer service or otherwise communicate with you;
(e) verify and process your personal or payment particulars; or
(f) protect the rights, property or personal safety of BEAUTYNOW (and its employees), its users and the public.
11.1 To the extent permitted by law, BEAUTYNOW is providing the Sites, their Contents and the Interactive Services on an as-is basis and makes no representations, conditions or warranties of any kind, express or implied, with respect to the operation of the Sites or Interactive Services, the information, content, materials or products, included on the Sites or as part of the Interactive Services. You should not act on any data or information posted on the Sites or Interactive Services without first independently verifying its contents.
11.2 Without prejudice to the generality of Clause 17.1, BEAUTYNOW does not make any representation or warranty:
(a) regarding the accuracy, timeliness, adequacy, commercial value or completeness of all data and/or information contained in the Sites or the Interactive Services;
(b) regarding the security of any information transmitted by you or to you through the Sites or Interactive Services;
(c) that Site or the Interactive Services will be provided uninterrupted, secure or free from errors or omissions; or
(d) that the Sites or Interactive Services are or will be free from any computer virus, worms or other potentially malicious, destructive or corrupting computer program or file.
11.3 To the extent permitted by law, BEAUTYNOW will not be liable for any damages of any kind arising out of or in connection with the use of the Sites or the Interactive Services. This is a comprehensive limitation of liability that applies to all damages of any kind, including but not limited to direct, indirect, incidental, punitive or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
11.4 BEAUTYNOW will not be liable for any claim arising out of your incorrect or improper use of any or any goods, products or services offered by or purchased through the Sites, including use that does not comply with any product instructions or that would be otherwise unexpected or unreasonable.
11.5 To the maximum extent permitted by law, and subject to applicable consumer protection provisions, BEAUTYNOW is not liable for claims arising from your use of non-BEAUTYNOW branded products. This will not limit any claim you may have against the product manufacturer under consumer protection laws.
11.6 Notwithstanding anything in these Terms, certain legislation, including the Law of the Republic of Indonesia Number 8 Year 1999 Concerning Consumer Protection, may impose consumer guarantees or imply warranties or conditions or impose obligations upon BEAUTYNOW which cannot be excluded, restricted or modified except to a limited extent. Such legislation may, for example, impose non-excludable guarantees that goods are of acceptable quality or that services will be rendered with due care and skill (with certain remedies available to consumers for certain breaches of such guarantees). To the extent that such legislation applies, these Terms must be read subject to these statutory provisions and nothing in these Terms is intended to alter or restrict the operation of such provisions.
(a) your use of and access to the Sites and the Interactive Services;
(b) your violation of any term of these Terms;
(c) a breach of your representations and warranties set forth above regarding Content;
(d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or
(e) any claim that any Content you submitted caused damage to a third party.
This indemnification obligation will survive the termination of these Terms and your use of the Sites and the Interactive Services.
13.1 Transmissions over the Internet and electronic mail may be subject to interruption, blackout or delays due to internet traffic, or incorrect data transmission due to the public nature of the Internet. We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under a Contract when caused by events that are beyond our reasonable control (“Force Majeure Events”).
13.2 Force Majeure Events shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:
(a) strike, lockout or other forms of protest;
(b) civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster;
(d) inability to use trains, ships, aircraft, motorized transport, logistics delivery or other means of transport, public or private;
(e) inability to use public or private telecommunications systems;
(f) acts, decrees, legislation, regulations or restrictions of any government or public authority; or
(g) failure or accident in maritime or river transport, postal transport or other type of transport.
13.3 It shall be understood that our obligations deriving from Contracts are suspended during the period in which a Force Majeure Event remains in effect and we may require an extension of the period to fulfill these obligations.
14.1 The enquiries that you send to us must be sent preferably through our E-Mail firstname.lastname@example.org. We shall be deemed to have received such enquiry only upon receipt.
14.2 We may send you a response either by email or notifications to the postal address you provided us when placing the order. For email notifications, you shall be deemed to have received the notice on the date of e-mail transmission. For notifications by post, you shall be deemed to have received the notice on the date the notification is posted.
16.1 BEAUTYNOW’s failure to enforce these Terms shall not constitute a waiver of these Terms, and such failure shall not affect the right later to enforce these Terms. We would still be entitled to our rights and seek remedies in any other situation where you breach these Terms.
21.2 You agree that the courts of Indonesia shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or its subject matter or formation.