MY SKIN TRACK UV
Effective as of 11/06/19
Welcome to this application dedicated to MY SKIN TRACK UV (hereinafter the "Application").
For any request relating to your use of the Application, you may contact Us at the following address:
564 St Kilda Road
Melbourne VIC, 3004.
L’Oreal New Zealand
Level 2, Building b/600 Great South Rd
Ellerslie, Auckland 1051.
Contact: E-mail: [email protected] - Telephone Number: 1300 101 411
Publisher: L’Oréal Australia Pty Limited (ACN 004 191 673) (hereinafter the "Publisher" or "We" or “Us”).
1. ACCESS TO THE APPLICATION
a) Who can use it?
To access and use this Application you need to be at least 18.
b) How to download and access it?
The Application shall be delivered solely via electronic download from Apple App Store (iOS) / Google Play Store (hereinafter the "Platform"). You may download from the Platform (i) a copy of the Application; and (ii) install it on the device as per the instructions provided during the installation and/or posted on the Platform.
You may freely download and use the Application, without being required to sign in or create an account.
c) On what device?
The installation and use of the Application require a compatible device with an Internet connection.
The following operating systems are compatible: iOS / Android.
You shall bear exclusive liability for any operation related to the required device, as well as any telecommunication expenses incurred in connection with the installation of, access to and downloading of, the Application.
Your operator may charge you additional expenses for accessing the Internet from a mobile phone or tablet. We shall bear no liability for any network or roaming costs in connection with the Application updates.
d) At what price?
We hereby grant you a free license to use the Application as set out below.
You shall bear any further expenses for accessing and using the Internet.
Although We endeavor to keep the Application accessible at all times, We cannot guarantee said access to you under all circumstances (maintenance, update, force majeure event or other reason beyond our control).
The Application is hereby licensed, not sold, to you.
b. Applicable requirements
In connection with your use of the Application, you hereby agree not to:
(b) Attempt (or encourage or support others’ attempts) to reverse engineer, disassemble or decompile the Application, except for purposes of interoperability, as defined by law;
(c) Adapt, correct, update or alter the Application in any way;
(d) Create any derivative work based on all or any part of the Application;
(e) Disclose or publish the results of performance tests on the Application without our prior written consent;
(f) lease or sublicense the Application to any third party;(g) Mask, remove or alter any notice or reference to our proprietary rights;
(h) Correct any error, anomaly, bug or other malfunction or failure affecting the Application;
(i) Download the Application if you are in a country We have expressly excluded;
(j) Use the Application and/or publish any contents via the Application depicting any third parties and/or works protected under intellectual property rights, without the prior express consent of the right holder(s).
You may publish advertising or promotional contents for any products and/or services competing with the L’Oréal group trademarks after obtaining the prior express consent of the relevant right holders. Without prejudice to the foregoing provisions, you shall bear sole liability for all such contents as you may publish via the Application.
3. INTELLECTUAL PROPERTY
a. Intellectual property rights
Developing this Application involved significant investments. The Application 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 Application (in whole or in part), on any media whatsoever, for any other purposes, including, but not limited to, commercial purposes, shall be authorised.
b. Third-party rights
We hereby remind you that you shall secure all the necessary authorisations and rights from any relevant rightsholders in connection with any content you may wish to post via the Application, 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 Application a space dedicated to user contents, such as text, photos, videos, opinions, etc. (hereinafter "User Content").
By posting User Content via the Application, you hereby grant Us a royalty-free, irrevocable, non-exclusive, worldwide and perpetual 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 authorised 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”)
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 Application.
This authorisation 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 anonymised information as your city, country or age, and/or, if you expressly authorised it, information allowing your identification such as your first name, or your alias.
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.
4. CODE OF CONDUCT
We support the values of tolerance and respect of others.
For this reason, by using this Application, you agree not to:
- 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 Application 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 Application;
- Divert the Application 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 children;
- 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 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: [email protected], , or by sending a detailed letter to the following address: 564 St Kilda Road Melbourne 3004, 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.
5. INFORMATION CONTAINED ON THE APPLICATION
a. General provisions
Furthermore, We hereby remind you that inaccuracies and omissions may appear in the information available on this Application, particularly due to third parties. We hereby undertake to remove inaccuracies or to complete such information on the Application as soon as possible.
b. Advice and beauty profile
The advice provided on this Application 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.
c. Hypertext links
The hypertext links included on the Application 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 Application 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.
6. PERSONAL DATA
This Application does not aim to collect personal data. All the information provided by You within the Application (i.e. skin tone, skin concern, first name, activities, picture) is stored on your device.
The Application was developed for the Publisher by Vinsol US Inc., a corporation with capital of USD 100, having its registered offices at 680 8th Street, Suite 255, San Francisco CA 94103, USA, registered with the Delaware Registry of Trade and Companies under number 6436799, email address: [email protected], telephone number: +1(415) 680 3362.
We shall use our best efforts to maintain access to the Application and Downloadable Content at all times. However, We cannot guarantee the permanent availability and accessibility of the Application. Indeed, we may be required to momentarily suspend access to all or part of the Application, 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 malfunctions as may hinder the proper operation of the Application.
To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of the Application and/or the Downloadable Content and/or any inaccessibility of, interruption to or outage of the Application and/or any loss or corruption of data and/or the fact that the Downloadable Content is incorrect, incomplete or out-of-date.
12. GOVERNING LAW AND DISPUTES
For any issues, please contact our Customer Service:
564 St Kilda Road Melbourne 3004
1300 101 411
From Monday to Friday, between 9am to 5pm weekdays.
Pursuant to applicable rules governing mediation, any consumer dispute shall be primarily submitted in writing to Customer Service at the following address:
564 St Kilda Road Melbourne 3004