Last Modified: 01 December 2020
Wella Operations US LLC and its affiliates and subsidiaries (collectively “Wella”) welcome you to the website accessible at www.wellacompany.com and Wella’s various brand websites, including the mobile version or related mobile applications (collectively, the “Wella Sites”).
Wella Operations US LLC is registered in Delaware, U.S.A. with its registered office at 251 Little Falls Drive, Wilmington, Delaware 19808 U.S.A. and its principal place of business at 4500 Granada Park Suite 100, Calabasas, CA91302 U.S.A. Contact us via this link on the Wella website – www.wellacompany.com/consumer-affairs.
OTHER TERMS THAT MAY APPLY TO YOU
Certain features or services offered on the Wella Sites may be subject to separate guidelines, terms and conditions which may be posted by Wella from time to time (“Additional Terms”). All Additional Terms are hereby incorporated by reference into these Terms. In most cases the Additional Terms are specific to a particular feature of a Wella Site or a service or offering provided on a Wella Site, but to the extent of any inconsistency between these Terms and any Additional Terms, these Terms will prevail.
HOW YOU MAY USE MATERIAL ON THE WELLA SITES
All content included on the Wella Sites (including but not limited to, text, design, graphics, logos, button icons, images, sounds, audio clips, digital downloads, data compilations and software, as well as the selection and arrangement of them) (collectively, “Wella Content”), is the exclusive property of Wella, its licensors or its content suppliers and is protected by copyright laws and treaties around the world.
Wella grants you a limited, revocable and non-exclusive licence to access and make personal and non-commercial use of the Wella Sites, subject to these Terms and only for lawful purposes. Wella strictly prohibits all other uses of the Wella Content, including but not limited to:
- any downloading, copying, modifying or other use of the Wella Sites or Wella Content for any purposes competitive to Wella or for the benefit of another vendor or any third party;
- framing or utilizing framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form);
- any collection and use of any product listings, descriptions, or prices;
- any use of any meta tags or any other “hidden text” utilizing Wella’s name or trademarks;
- any use of data mining, robots, or similar data gathering and extraction tools;
- any caching or linking to a Wella Site, including in a manner that portrays Wella or its products or services in a false, misleading, derogatory, offensive or any other manner which Wella in its sole discretion, may find to be objectionable; and
- misusing a Wella Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious, technologically harmful or designed to interrupt, destroy or limit the functionality of any computer; attempting to gain unauthorised access to a Wella Site, the server on which a Wella Site is stored or any server, computer or database connected to a Wella Site; or attacking a Wella Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.
You are responsible for obtaining access to the Wella Sites, and any third-party fees (such as Internet service provider or airtime charges). You must provide and are responsible for all equipment necessary to access the Wella Sites. You may not bypass any measures that have been implemented to prevent or restrict access to the Wella Sites.
If you do not comply with the above or there is any unauthorized access to the Wella Sites by you, your right to use the Wella Sites will cease immediately along with the permission or licence granted to you by Wella and you must, at our option, return or destroy any copies of Wella Content that you have made.
Except for the rights and licences expressly granted in these Terms, Wella reserves all other rights and no other rights are granted by implication or otherwise.
CONTENT YOU SUBMIT
Visitors may post reviews, comments, and other content, send e-cards and other communications, and submit suggestions, ideas, comments, questions, or other information or materials (collectively, “User Content”) on or through the Wella Sites, provided that the User Content:
- is not confidential and proprietary (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
- does not violate or infringe any patent, trademark, trade secret, copyright or other proprietary or privacy rights of any third party and is not illegal, obscene, threatening, defamatory, objectionable, or otherwise injurious to any third party;
- does not contain software viruses or malware;
- does not consist of political campaigning, chain letters, mass mailings, or any form of “Spam”;
- does not contain advertisements or solicitations of any kind, or other commercial content;
- is not designed to impersonate any person or entity and does not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the source;
- does not contain messages by non-spokesperson employees of Wella or any of its brands purporting to speak on behalf of Wella or containing confidential information or expressing opinions concerning Wella and its brands;
- does not offer unauthorized downloads of any copyrighted, confidential or private information; and
- does not contain personal information (such as messages that include phone numbers, government identifiers, payment card information, account numbers, addresses or employer references), unless Wella expressly asks you to provide such information.
If you do post any User Content, you grant Wella a nonexclusive, royalty-free, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, broadcast, and display such User Content throughout the world in any media. You grant Wella and its sublicensees the right to use throughout the world the name that you submit in connection with your User Content, if we or they so choose.
You represent and warrant: that you own or otherwise control all of the rights to your User Content that you post; that use of your User Content does not violate these Terms nor infringes, misappropriates or violates any third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy; and that your User Content does not violate any applicable laws or regulations and will not cause injury to any person or entity. You will indemnify Wella, including licensors, against all claims, including legal fees relating to the defence of such claims, resulting from your User Content. This means that you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
User Content is not verified or approved by us. The views expressed by other users on the Wella Sites do not represent our views or values.
If you wish to complain about any User Content please contact us using the details provided in the Contact us section below.
The Wella Sites may allow you to create a user account (“Account”). You may only create an Account if you are over thirteen (13) years of age, and provide accurate registration information if required by the applicable Wella Site. You are responsible for maintaining the confidentiality of your Account username and password and for restricting access to your computer. You are responsible for keeping your account information current, complete, accurate and truthful. You agree to accept responsibility for all activities that occur under your Account and to provide only current, complete, accurate and truthful information. You agree to immediately notify Wella of any unauthorised use of your password or Account or any other breach of security using the contact details in the Contact us section below. Wella will not be liable for any loss or damage arising from your failure to comply with this section.
ACCURACY & AVAILABILITY OF PRODUCTS
Wella attempts to be accurate at all times when describing our products on a Wella Site. However, the content provided on the Wella Sites is provided for general information only and is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content of the Wella Sites.
Wella does not warrant, represent or guarantee that descriptions and any other content or information accessible on the Wella Sites are accurate, complete, reliable, current or error-free.
Reference to any product or service on the Wella Sites does not constitute an offer to sell or supply that product or service and does not mean that the product or service is available directly by Wella to customers, available in all countries, or that the name, description or specification of the product or service will be the same as that included on the Wella Sites.
WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
Wella makes its best efforts to minimize any disruptions on the Wella Sites. However, we do not warrant or guarantee that the Wella Sites will be error-free or that our services will not be interrupted or otherwise affected by any problems, viruses or bugs.
RESPONSIBILITY FOR LOSS AND DAMAGE
WHETHER YOU ARE A CONSUMER OR A BUSINESS USER:
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in the Terms and Conditions of Sale of the Wella Site from which you are purchasing.
IF YOU ARE A BUSINESS USER:
The Wella Sites are provided on an “as is” and “as available” basis and we exclude all implied conditions, warranties, representations or other terms that may apply to the Wella Sites or any content on them.
In addition to the above, we will not be liable to you for any loss or damage (including legal fees), whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with these Terms including in connection with:
- use of, or inability to use, the Wella Sites; or
- use of or reliance on any content displayed on the Wella Sites.
In particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- loss of data;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage, including of the type listed at i. to v. above.
You will indemnify and hold harmless Wella, its parent, subsidiaries and affiliates and their directors, employees, representatives, agents, licensors, and service providers (the “Wella Parties”) from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including legal fees and expenses), incurred by the Wella Parties, and shall defend the Wella Parties against any and all claims arising out of your breach of these Terms. The applicable Wella Party will control the defence of any claim to which this indemnity may apply, and in any event, you shall not settle any claim without the prior written approval of such Wella Party.
IF YOU ARE A CONSUMER USER:
We do not voluntarily accept responsibility for any loss or damage:
- that was not caused by our breach of these Terms; or
- that was not, at the time that you agreed to these Terms, a reasonably foreseeable consequence of us breaching these Terms. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time this contract was entered into, both we and you knew it might happen.
You agree not to use the Wella Sites for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
SUSPENSION OR WITHDRAWAL OF THE WELLA SITES
We may suspend or withdraw or restrict the availability of all or any part of the Wella Sites for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
We reserve the right to deny you access to the Wella Sites (or any part of them) and/or suspend or terminate Accounts at any time if in our reasonable opinion you have failed to comply with any of the provisions of these Terms. We may do this without notice if the grounds for this are serious, or we will try to give you reasonable notice if the grounds are less serious.
You are also responsible for ensuring that all persons who access the Wella Sites through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
The trade marks, trade names, service marks, logos or other graphics appearing on the Wella Sites (collectively the “Trade Marks”) are the property of Wella, its licensors, content providers, or other parties, under applicable trade mark laws. You are not permitted to use them the Trade Marks without our written approval, or the written approval of such third party that may own the applicable Trade Mark, unless they are part of material you are using as permitted under How you may use material on the Wella Sites.
You acknowledge that any purchased goods licensed or sold on the Wella Sites may be subject to the customs and export control laws and regulations administered or enforced by the United Kingdom, European Union, United States and/or the customs and export laws and regulations of the country in which the products are otherwise sold, manufactured and/or received, as applicable. By purchasing, downloading or using technology or software from the Wella Sites, you agree to abide by the applicable laws, rules and regulations and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law.
OTHER IMPORTANT TERMS
If you are a business, these Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law and each party irrevocably agrees to the exclusive jurisdiction of the courts of England and Wales.
If you are a consumer, these Terms are governed by the law of the country in which you live and you can bring legal proceedings in your local courts.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
If any content on the Wella Sites, or your use of the Wella Sites, is contrary to the laws of the place where you reside when you access the Wella Site, the Wella Sites are not intended for you, and we ask you not to use the Wella Sites. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
You may not assign or otherwise transfer these Terms (or any rights, benefits or obligations under them) by operation of law or otherwise without the prior written consent of Wella, which may be withheld at Wella’s reasonable discretion. Any attempted assignment or transfer that does not comply with these Terms shall be ineffective.
Wella may at any time assign, transfer or deal in any other manner with any or all of its rights and obligations under these Terms in its sole discretion. If you are a consumer, we will ensure that the transfer will not affect your rights under the Terms.
UPDATES TO THESE TERMS
If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed removed and shall not affect the validity and enforceability of any remaining terms and conditions.
If you have any questions or comments regarding these Terms, please contact us via this link on the Wella website – www.wellacompany.com/consumer-affairs.