Welcome to No.7 Beauty Company. Please take a few minutes to read these important Terms and Conditions of Use (“Terms”).
I. Introduction and Acceptance of These Terms
These Terms govern your use of the online and offline offerings provided on this site by The Boots Company PLC (“No7 Beauty Company,” “us,” or “we”), including websites, mobile applications, No7 Beauty Company Content (as defined in Section 2), and other items (“Offerings”). We are registered in England and Wales under company number 27657 and have our registered office at Nottingham, NG2 3AA. Our VAT number is 240430259.
Please visit the ‘Contact Us’ page, for ways to get in touch with us. The Offerings are intended for use by users that reside in the United States of America (“U.S.”), the United Kingdom of Great Britain and Northern Ireland (the “U.K.”), and the Republic of Ireland which are 18 or older (or 13 or older, with the consent and involvement of a parent or guardian). We advise parents or guardians who permit their children to use any of the Offerings that it is important that they communicate with their children about safety online. Minors who are using any interactive service should be made aware of the potential risks to them. If you are not the intended audience or you object to these Terms, you must not use our Offerings.
These Terms act as a binding agreement between you and us, and by accessing any Offerings in any way, you agree to be bound by all of them, including, but not limited to, resolving disputes via binding arbitration, conducting this transaction electronically, disclaiming warranties, and damage and remedy exclusions and limitations, where permitted by applicable law. IF YOU ARE DISSATISFIED WITH THESE TERMS OR OUR OFFERINGS (INCLUDING No7 Beauty Company CONTENT), YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE OFFERINGS.
II. CHANGES TO THESE TERMS AND THE OFFERINGS
From time to time we may update the Offerings and these Terms, and any changes are effective immediately when we post them. Your use of the Offerings after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. We may, in our sole discretion, and at any time, discontinue the Offerings or any part thereof, with or without notice, or may prevent your use of the Offerings with or without notice to you. You agree that you do not have any rights in the Offerings and that we will have no liability to you if the Offerings are discontinued or your ability to access the Offerings (including any content you may have posted) is terminated.
III. OTHER TERMS THAT MAY APPLY TO YOU
IV. INFORMATION WE DISPLAY
We own or license all content contained within the Offerings, including without limitation, text, images, icons, data, software, trademarks, trade dress, and User Content (as defined in Section VI) (collectively, “No7 Beauty Company Content”), and you may access and use it solely for your own personal, non-commercial shopping and information purposes. No7 Beauty Company Content may be protected by domestic and international copyright, patent, trademark, rights in designs, and other rights, and all rights, titles, and interests are reserved by the respective owners. Save for as permitted by applicable law, the copying, publishing, broadcasting, modifying, distributing or transmitting any No7 Beauty Company Content in any way without our prior written consent is strictly prohibited. While we work hard to provide a superior customer experience, we cannot guarantee that all No7 Beauty Company Content we display is correct, complete, or current, including product pricing, images, information, and availability.
If you believe any No7 Beauty Company Content (including User Content) infringes your copyright, please send us the following: 1. a description and copy of the copyrighted work you claim has been infringed; 2. a description of where the material you claim is infringing is located; 3. your address, telephone number, and email address; 4. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 5. a statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and 6.if applicable, the physical, notarized signature of the person authorized to act on behalf of the owner of the copyright interest on the document(s) comprising 4 and 5 here above.
The above notice and information should be sent to us as follows: If in the U.S.:
Walgreen Co. Law Department MS # 1425 104 Wilmot Rd. Deerfield, Illinois 60015 Attn: Intellectual Property
If in the U.K. or Republic of Ireland: The Boots Company PLC Group Intellectual Property 1 Thane Road Nottingham NG90 1BS United Kingdom
Please be aware that claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, including court costs, attorney’s fees, and other legal fees. Furthermore, the individual who posted the material may provide us with counter-notification that the materials were removed or disabled as the result of a mistake or misidentification of the materials. If we receive such a counter-notification, and we determine that we would like to restore access to the materials, a copy will be sent to you notifying you that access to the materials will be restored within ten (10) business days.
V. YOUR ACTIONS To ensure a positive experience for all users, you agree that: (i) you shall not use or exploit the Offerings for any purpose that is illegal, tortious, libelous, defamatory, false, misleading, harassing, abusive, obscene, vulgar, pornographic, intrusive on another's privacy, harmful to the interests of our users, or inappropriate with respect to race, gender, sex, sexual orientation, ethnicity, national origin, age, disability or another intrinsic characteristic; (ii) you shall not upload, post, reproduce, distribute, transmit, transfer, or otherwise use or exploit in any way information, software, or other material protected by any intellectual property, publicity, or privacy right (including our trademarks and trade dress) without first obtaining the permission of the owner of such rights; (iii) you shall not collect or store personal data about other users; (iv) you shall not reproduce, distribute, duplicate, copy, sell, resell, decompile, modify, reverse engineer, disassemble, assign, create derivative works of, impersonate, or otherwise exploit any part of the Offerings (including any software we make available) for any purpose unless expressly approved by us in writing; (v) you shall not upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication; (vi) you shall not undertake or facilitate any effort to interrupt, modify, limit, interfere with, commercially exploit, or negatively impact the functionality of any Offerings, nor shall you use or exploit the Offerings in any way other than as expressly permitted by these Terms; (vii) remove, alter, obscure, or otherwise render unintelligible any proprietary notices; and (viii) deploy or utilize any automated method of collecting content from our site, such as robots, crawlers, and scraping mechanisms. Sections (i) through (viii) above collectively constitute “Prohibited Use”. To protect the interests of us and our users, we may monitor, modify, terminate, and disclose to third parties (including law enforcement) your use of the Offerings (including User Content) at any time.
VI. USER CONTENT You may be able to create or submit designs, artwork, photos, product reviews, written posts, and other content (“User Content”) on or through the Offerings. You agree that: (i) you shall not display or furnish any User Content that contains personal information about or the likeness of any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; (ii) you shall not impersonate any person or organization (including us), or misrepresent an affiliation with another person or organization; and (iii) you shall not post or upload any User Content that constitutes a Prohibited Use. Notwithstanding the foregoing, for U.S. residents, these Terms in no way limit your rights under the Consumer Review Fairness Act of 2016 (H.R. 5111) or, for U.K. and Republic of Ireland residents, applicable consumer protection legislation. By displaying, publishing, or otherwise posting any User Content on or through the Offerings, or by affirmatively agreeing to our online request to use your User Content (electronically or otherwise), you hereby grant us a perpetual, non-exclusive, sub-licensable (through multiple tiers), worldwide, fully-paid, royalty free license to use such User Content (including without limitation, to modify, publicly perform, publicly display, reproduce, create derivative works of, and distribute such User Content for any purpose, whether it contains a personal likeness or otherwise) in any and all media now known or hereinafter developed, without the requirement to make payment to any party or seek any third party permission or make any authorship attribution. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein, though for purposes of this Section, you waive all “moral rights” in the same.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Offerings. YOU WAIVE AND HOLD HARMLESS US AND OUR AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
VII. USER ACCOUNTS If the Offerings require you to create an account or provide personal information, you agree to submit accurate, complete information, and to update it as appropriate. You are solely responsible for the activities and security of your account, and you must notify us if you suspect any unauthorized use. Please visit the ‘Contact Us’ page, for ways to get in touch with us.
We are not liable for any loss you incur as a result of someone else using your password or account, either with or without your knowledge, and are not responsible for any delay in shutting down your account after you have reported a breach of security to us.
You further understand and agree that you have no ownership rights to any account you may have with us, or other access to the Offerings or features therein. We may cancel and terminate or suspend any account at any time without notice. We assume no liability for any information removed from our Offerings, and reserve the right to permanently restrict access to the Offerings or a user account.
VIII. ONLINE PURCHASES We do not sell any products through this website or mobile application (as applicable). Our products are sold by our retailer affiliates and, in some instances, third party retailers within your country, pursuant to the terms and conditions governing those sites (these may be our affiliates or third party retailers). Where we allow you to add products to your “basket”, before purchasing the products you will be transferred to the relevant retailer’s website. This will either be the retailer with whom you have chosen to conclude the transaction or the exclusive retailer of the products in the country where you wish to purchase the products.
Your use of those sites, and any contracts concluded through or related to those websites, shall be governed by the terms and conditions published on those sites. With respect to U.S. consumers, prices, promotions, offers, and product availability may be subject to change without notice Retail prices remain at the discretion of the relevant retailer at all times.
IX. MOBILE APPLICATIONS If we make available for download a mobile application, these Terms constitute an end-user license agreement with respect thereto, and you agree to act in accordance with the end-user license agreements and policies made applicable by your wireless carrier and operating system software provider (including as listed within their respective app stores). You agree you are solely responsible for any costs incurred with accessing one of our mobile applications. You may be required to send and receive, at your cost, electronic communications related to the Offerings offered via our mobile applications, including without limitation, administrative messages, service announcements, diagnostic data reports, and updates. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of these Offerings. You are solely responsible for obtaining any additional subscription or connectivity Offerings or equipment necessary to access these Offerings, including but not limited to payment of all third party fees associated therewith, including fees for information sent to or through these Offerings. We may, at our discretion, automatically download updates to our mobile applications to your device from time to time. You agree that if you continue to use the Offerings, you accept these updates, and agree to pay for any costs associated with receiving them. Our mobile applications may not work with all devices or all mobile carriers. If you download and use one of our mobile applications available through the Apple platform: you, the end-user of these Offerings, acknowledge that this agreement is entered into by and between you and us (or our affiliated entity listed as the owner of the app), and not with Apple, Inc., and Apple, Inc. is not responsible for the Offerings. Notwithstanding the foregoing, you acknowledge that Apple, Inc. and its subsidiaries are third-party beneficiaries of this agreement and that Apple, Inc. has the right (and is deemed to have accepted the right) to enforce this agreement. You acknowledge that Apple, Inc. has no obligation whatsoever to maintain or support the Offerings. You acknowledge that you have reviewed and agree to the App Store Terms and Conditions (located online at http://www.apple.com/legal/itunes/us/terms.html#APPS), including the Usage Rules set forth therein. This agreement incorporates by reference the Licensed Application End User License Agreement (the "LAEULA") published by Apple, Inc. (located online at https://www.apple.com/legal/macapps/dev/stdeula/). For purposes of this Agreement, our mobile application-based Offerings are considered the "Licensed Application" as defined in the LAEULA, and we (or our affiliated entity listed as the owner of the app) are considered the "Application Provider" as defined in the LAEULA. If any of the Terms herein conflict with the terms of the LAEULA, these Terms shall control. In the event of any failure of the Offerings to conform to any applicable warranty set forth herein, you acknowledge that to the maximum extent permitted by applicable law, Apple, Inc. will have no other warranty obligation whatsoever with respect to the Offerings, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty. You further acknowledge and agree that in no event will Apple, Inc. be responsible for any claims relating to the Offerings (including, without limitation, a third party claim that the Offerings infringe that third party's intellectual property rights) or your use or possession of the Offerings, including but not limited to: (i) product liability claims; (ii) any claim that the Offerings fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
X. SOCIAL MEDIA FEATURES You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
XIII. DISPUTE RESOLUTION If a dispute ever arises between us, please Contact Us. For Consumers in the U.S: These Terms, including all other terms and policies referenced herein, and shall be construed in accordance with the laws of the State of Illinois, without respect to its conflict of laws rules. If we cannot resolve the a dispute between us informally, you and we each agree that any and all disputes or claims that have arisen or may arise between you and us shall be resolved exclusively through final and binding arbitration (where permitted by applicable law), rather than in court, except that you may assert claims in small claims court, if your claims qualify (“Agreement to Arbitrate”). The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate, which shall be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by these Terms. A form for initiating arbitration proceedings is available on the AAA's website. The arbitration shall be held in the country and province/county in which you reside. If the value of the relief sought is $10,000 or less, you or we may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and us subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or us, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of Illinois, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different No7 Beauty Company users, but is bound by rulings in prior arbitrations involving the same No7 Beauty Company user to the extent required by applicable law. The arbitrator's award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
You and we agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless you and we agree otherwise, the arbitrator may not consolidate or join more than one person's or party's claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. The arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party's individual claim(s). Any relief awarded shall not affect our other users.
You can choose to reject the Agreement to Arbitrate by mailing us a signed opt-out notice ("Opt-Out Notice") within 30 days after the date you first access the Offerings or accept any subsequently published version of these Terms. The Opt-Out Notice must include a statement that you do not agree to this Agreement to Arbitrate, your name, address, phone number, and any email address(es) used to log in to any applicable account(s) to which the opt-out applies. If you reside in the U.S., you must mail the Opt-Out Notice to Walgreens, Attn: Litigation and Regulatory Law Department, 104 Wilmot Road, MS 1431, Deerfield, IL 60015. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of these Terms, including all other provisions of this Section, will continue to apply. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
To the extent permitted by applicable law, any claims arising in connection with the use of these Offerings or these Terms must be filed within one (1) year of the date of the event giving rise to such action.
For Consumers in the U.K.: These Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland. For Consumers in public of Ireland: These Terms are governed by Irish law and you can bring legal proceedings in respect of the Offerings in the Irish courts.
XIV. ADDITIONAL TERMS These Terms, including all other terms and policies referenced herein, constitute the entire agreement between you and us with respect to the Offerings. In the event of any inconsistencies between these Terms and the policies referenced therein, these Terms shall control. Our failure to exercise or enforce any terms herein shall not constitute a waiver, and if we fail to act with respect to your breach or anyone else's breach on any occasion, we are not waiving our right to act with respect to future or similar breaches. If you breach any provision of these Terms, you may no longer use the Offerings. If these Terms or your permission to use the Offerings is terminated by us for any reason, the agreement formed by your acceptance of these Terms will nevertheless continue to apply and be binding upon you in respect of your prior use of the Offerings and anything relating to or arising from such use. These Terms, including any or all rights and obligations hereunder, may be freely assigned or transferred by us, but not by you. Section headings are included for convenience only, and shall not affect the interpretation of any Terms. You agree that any electronic notices we send you shall satisfy any requirement that such notices be made in writing. If any specific part of this these Terms is ruled to be unlawful, void, or for any reason unenforceable, then such specific part alone (and not any unrelated portions) shall be deemed severable from these Terms, and shall be eliminated or limited to the minimum extent necessary. The remainder of these Terms, including any revised portion, shall remain and be in full force and effect. Copyright 2021, The Boots Company PLC. All rights reserved. Nottingham, NG2 3AA, United Kingdom Registered in England: company number 27657. These Terms were last updated xx/xx/2021