TERMS AND CONDITIONS
TERMS AND CONDITIONS
Terms of Website Use
This page (together with the documents referred to on it) explains the terms and conditions (the “Terms and Conditions”) on which you may make use of the id.elemis.com website (the “Site”) whether as a guest or a registered user. Please read these Terms and Conditions carefully before you start to use the Site.
By accessing or using the Site, you are acknowledging that you have read, understood, and agreed, without limitation or qualification, to be bound by the Terms and Conditions.
Elemis reserves the right to and may change these terms at any time and will post such changes online. Please review these terms regularly to ensure you are aware of any changes as your continued use of id.elemis.com after changes are posted means you agree to be legally bound by these terms as updated and/or amended.
Products and Services for Personal Use
The products and services available on the Site, and any samples we may provide to you, are only for personal use. You may not sell or resell any of the products or services, or samples thereof, you receive from us.
Accuracy of information
id.elemis.com takes every care possible to ensure that product and treatment descriptions, imagery, awards, associated clinical trials and all other information is correct at time of publication on the site. However, though every effort is made to ensure such accuracy, Elemis does not accept responsibility for errors in content. The site will be kept as up-to-date as possible at all times however if product, treatment, location, results updates have been made since last update on id.elemis.com some variations may occur in, although not limited to size, price, description, product results, design, packaging and availability.
Elemis will do its best to ensure that the website is available and functions correctly at all times, but we make no warranties as to the availability or accessibility of the website, and we will not be liable for any damages, loss, costs or expenses incurred by you as a result of any lack of availability or accessibility of the website.
All information and content available on the Site and its appearance, including but not limited to trademarks, logos, service marks, features, functions, text, graphics, photographs, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the “Content”) is the property of Elemis or the property of our parents, subsidiaries, our affiliates, partners or licensors.
Your Obligations and Responsibilities
By accessing or using the Site or any Content, you agree that you will comply with these Terms and Conditions and any warnings or instructions on the Site. You agree that when accessing or using the Site or any Content, you will act in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to us, our parents, subsidiaries, affiliates, partners or licensors.
You may view and use many features of the Site without registering but in order to access and use some parts of the Site, you will need to register an account with us. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. If there has been an unauthorized use of your password or account, please notify us immediately. You are responsible for providing and maintaining current, complete, accurate and truthful information on your account. You agree to accept responsibility for all activities that occur with your permission or authorization under your account, username and/or password, or because you fail to maintain sufficient security over your account, username and/or password. If you are accessing and using the Site on someone else’s behalf, you represent that you have the authority to bind that person as the principal to all Terms and Conditions provided herein, and to the extent you do not have such authority you agree to be bound to these Terms and Conditions and to accept liability for harm caused by any wrongful use of the Site or Content resulting from such access or use. You may cancel your online account with us at any time. We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms and Conditions are violated or if we decide, in our sole discretion, that it would be in our best interest to do so.
Links from Our Site
This Site may contain links to other sites and resources provided by us or by third parties. Such links are provided solely for your use and convenience. The link does not represent any endorsement or recommendation by us and does not mean we have any association with the linked website and we have no control over the contents of those sites provided by third parties and accept no responsibility for them for any loss or damage which may arise from your use of them. Where such sites are provided and operated by us you will be bound by our terms and conditions on such sites.
Any relationship you enter into with these sites is at your own risk and we strongly suggest you read their terms and conditions and privacy policies.
It is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with regard to unsolicited suggestions and ideas, when you transmit, upload, post, e-mail, share, distribute, reproduce or otherwise make available suggestions, ideas, inquiries, feedback, data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials ("User Content") on the Site in any manner (including through the “Contact Us” form), you are entirely responsible for such User Content. You hereby grant to us a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, and otherwise exploit such User Content throughout the world, in all media now known or hereafter developed, for any purpose whatsoever, including without limitation, developing, manufacturing, distributing and marketing products.
You represent and warrant that you own or otherwise control the rights to your User Content. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing, sharing, distributing, reproducing, or otherwise making available User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, fraudulent, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
We are in no way responsible for examining or evaluating User Content, nor do we assume any responsibility or liability for the User Content. We do not control the User Content transmitted or posted on the Site by you or others and therefore, we do not guarantee the accuracy, integrity or quality of User Content transmitted or posted on the Site by you or others. You understand that by using the Site, you may be exposed to User Content of others 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. You hereby waive all rights to any claims against us for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content.
You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to modify, change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and we reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.
Deletion of User Content
If you wish to delete certain of your public User Content, such as your ratings and reviews posting(s), on the Site or in connection with our mobile applications, please contact us by email and include the following information in your deletion request: first name, last name, user name/screen name (if applicable), email address associated with our website and/or mobile applications, your reason for deleting the posting, and date(s) of posting(s) you wish to delete (if you have it). We may not be able to process your deletion request if you are unable to provide such information to us. Please allow up to 10 business days to process your deletion request.
Copyright Infringement Notices
id.elemis.com and its entire content belong to Elemis Ltd and its affiliates where applicable. including copyright in all of the text, logos, icons, images, graphics, video and audio clips, animations and software yet is not limited to these descriptions should other property appear on the site. It also includes trademarks in our name and logos. These are protected by copyright laws and treaties around the world. All such rights are reserved. ELEMIS is a registered trade mark.
id.elemis.com allows you to download to a local hard disk and print extracts from this site for personal use only. Reproduction of part or all of the contents in any form is forbidden, unless for personal use. If you require use of any of this content for any purpose outside of those set out above (including framing the site) we ask that you contact Elemis Ltd to obtain permission.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
Disclaimer of Warranties; Limitation of Liability
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we and other members of our group of companies expressly exclude:
- all conditions, warranties and other terms which might otherwise by implied by statute, common law or the law of equity;
- any liability for direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and for any other loss or damage of any kind, howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Consent to Receive Notices Electronically by Posting on the Site and Via Email
You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which these Terms and Conditions refer from us electronically including without limitation by e-mail or by posting notices on this Site. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us at email@example.com and discontinue your use of this Site.
You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site and providing notice of such change. Any changes are effective immediately upon posting to the Site. The Effective Date of the current version of the Terms and Conditions is at the top of this page. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site. We also reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice.
You and Elemis expressly agree to waive and set aside our respective rights and obligations under any applicable law in the event of any termination of these Terms and Conditions to the extent that such law requires any judicial pronouncement for the termination of these Terms and Conditions.
These Terms and Conditions are made in the English language and the Indonesian language. Both texts are equally original. In the event of any inconsistency or different interpretation between the English text and the Indonesian text, the relevant Indonesian text shall be deemed to be automatically amended to conform with and to make it consistent with the relevant English text.
If you have any questions regarding these Terms and Conditions, please email us at firstname.lastname@example.org.