Terms and Conditions
Terms and Conditions
While L'Oréal has endeavoured to ensure the accuracy of the information accessed via the Website, L'Oréal does not guarantee or give any warranty as to the accuracy, timeliness or completeness of any information or material on the Website.
ACCESS TO THE WEBSITE
To access and use this Website you need to be above the age of 18 (eighteen). If you are a minor, your parents' prior authorization shall be required. You may freely use the Website, without being required to sign in or create an account.
You are precluded from accessing another user’s account. All the offers of the CeraVe products proposed on the Website are limited to the website URL stated above. Prior to placing an order, You may check the main features of any products that You intend to order, by consulting the Website.
Purchase offers, including special promotions, are valid for as long as they are displayed on the Website.
The prices, if shown on this Website are in South African Rands and subject to Value Added Tax, at the rate in force on the day of browsing or placing the order and any change in the applicable rate will be automatically reflected in the price of the CeraVe products offered on the Website and the CeraVe products will be invoiced at the price in force when the order is submitted.
L’Oréal reserves the right to increase the interest rate charge in respect of any CeraVe products which is out of L’Oréal’s general price increase but, in this case, L’Oréal will give the User sufficient written notice of such increase to allow the User to cancel the agreement before the increase takes effect.
INFORMATION CONTAINED ON THE WEBSITE
a. General provisions
We hereby remind You that inaccuracies and omissions may appear in the information available on this Website, particularly due to third parties. We hereby undertake to remove inaccuracies or to complete such information on the Website as soon as possible.
You must use your discretion before taking any action based on the information displayed on the Website. Information, ideas and opinions expressed on the Website should not be regarded as professional medical advice or the official opinion of L’Oréal and You are encouraged to obtain advice from a professional before taking any course of action related to the information, ideas or opinions expressed on the Website.
The Website and all content on the Website are provided on an “as is” basis, and L’Oréal makes no representations or warranties of any kind, whether express or implied, to the accuracy of the contents on the Website.
L’Oréal does not warrant and accepts no liability that the functions and services provided by the Website will be interrupted or error free, or that the Website is free from viruses or other harmful components or for any damage resulting from a fraudulent intrusion by a third party, causing any change to the information made available on the Website.
L’Oréal, including owners, directors, employees, officials, suppliers, agents and/or representatives shall not be liable for any direct or indirect damage, whatever the cause, origin, nature or consequences, including in particular any loss of profit, customers, data or any other loss of intangible goods that may occur as a result of the access by any person to the Website or the impossibility of accessing the Website.
You hereby indemnify L’Oréal and its owners, directors, employees, officials, suppliers, agents and/or representatives from and against any loss or damages suffered or liability incurred in respect of any third party, which arises from the User’s use of this Website.
L’Oréal does not make any warranties or representations that the Website shall be available at all times. Users acknowledge that the Website may be unavailable due to updates or other causes beyond the reasonable control of L’Oréal, including, but not limited to, virus infection, unauthorised access (hacking), power failure or other “acts of God.”
You must take special note that L’Oréal reserves the right to hold You liable for any losses suffered by L’Oréal as a result of any cybercrime committed by You on the Website.
b. Information on the products and services
The products and services presented to You on this Website are not offered for sale but a general presentation of the range of the products and services that We distribute in the country where this Website is available. You understand that depending on the jurisdiction in which You are browsing the Website, certain products may be offered that are not offered in other jurisdictions an it is your responsibility to ensure that You are browsing the Website in the jurisdiction within which You reside.
c. Advice and beauty profile
The advice provided on this Website 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.
LINKS TO THE WEBSITE
Websites or pages to which the Website is linked are for information only and have not been reviewed by L'Oréal. L'Oréal has no responsibility for the content of the websites or pages linked or linking to this Website and L'Oréal accepts no responsibility or liability for any losses or penalties whatsoever that may be incurred as a result of any linking to any location on any linked websites. Accordingly, to the extent that links were included on this Website are 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.
The Website, including (but not limited to) text, content, software, video, music, sound, graphics, photographs, illustrations, artwork, photographs, names, logos, trademarks, service marks and other material ("Content") is protected by copyrights, trade marks and/or other proprietary rights, whether registered or not, including all current and future content on the online platform, which is not owned by a third party, and nothing on this Website should be construed as a right to use or license of any of the intellectual property. The Content includes both content owned or controlled by L'Oréal and content owned or controlled by third parties and licensed to L'Oréal.
No use, reproduction or representation of the Website (in whole or in part), on any media whatsoever, for any other purposes, including, but not limited to, commercial purposes, shall be authorized. You may not use any of L'Oréal's trademarks or trade names without L'Oréal's prior express written consent and You acknowledge that You have no ownership rights in and to any of those names and marks.
In accordance with the Copyright Act 98 of 1978, as amended pertaining to ownership of literary and/or artistic rights, or other similar rights, this Website and all the elements, articles, reports, brands, drawings, models, photographs, texts, illustrations, logos, sequences whether animated or not and with or without sound, graphics, etc., to be found in this Website, together with their compilation, are the exclusive property of L’Oréal, and it does not grant any license or any entitlement other than that of browsing the Website. Any use during browsing of this Website, in whole or in part, of these elements is authorized exclusively for information purposes only for personal and private use.
Neither the Website (in whole or in part), nor its content or brands may be used, reproduced, duplicated, sold, resold, made accessible, modified or exploited in any other way, in whole or in part, for any purpose whatsoever, without prior, written authorisation from L’Oréal. Any other use will constitute an infringement.
You agree to notify L'Oréal in writing promptly upon becoming aware of any unauthorised access to or use of the Website by any party or of any claim that the Website or any of the contents of the Website infringes any copyright, trade mark, or other contractual, statutory or common law rights of any party.
a.Licence And Download Rights
You acquire no rights or licences in or to the Website and/or the Content other than the limited right to use the Website in accordance with these Terms and to download on the terms set out in this section. Other than as set out in this section You may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to create derivative works from, transmit, or in any other way exploit any part of the Website.
Download is permitted by L'Oréal provided only that:
(i) you make no more than one printed copy of such download and no further copies of such printed copy are made;
(ii) you make only personal, non-commercial use of such download and/or printed copy
(iii) You retain on such download and/or printed copy all copyright notices and shall remain bound by the terms of such wording and notices.
Additionally, You may not offer for sale or sell or distribute over any other medium (including distribution by over-the-air television or radio broadcast or distribution on a computer network) the Content or any part thereof. You may not make any part of the Website available as part of another website, whether by hyperlink framing on the internet or otherwise. The Website and the information contained therein may not be used to construct a database of any kind, nor may the Website be stored (in its entirety or in any part) in databases for access by You or any third party or to distribute any database websites containing all or part of the Website.
We may make available to you via this Website contents that you are authorized to download (hereinafter the "Downloadable Content"). We grant you, for your personal and private use only, free of charge and for the legal protection period of intellectual property rights as defined by French and foreign laws and international treaties, a non-exclusive and non-transferable right to use the Downloadable Content in a fair and reasonable manner.
Any reproduction, representation, modification or distribution of the Website or browsing content or Downloadable Content thereof shall be prohibited. By downloading or using such Downloadable Content, you agree to use them in accordance with these Terms.
b. Third-Party Rights
We hereby remind you that you shall secure all the necessary authorizations and rights from any relevant rightsholders in connection with any content you may wish to post via the Website, 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 Website a space dedicated to user contents, such as text, photos, videos, opinions, etc. (hereinafter "User Content"). By posting User Content via the Website, you hereby grant Us a royalty-free, irrevocable, non-exclusive, worldwide and for the legal protection period of intellectual property rights as defined by French and foreign laws and international treaties (including any subsequent suppletive or amending regulations) 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 authorized 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 Website.
This authorization 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 anonymized information as your city, country or age, and/or, if you expressly authorized 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.
CODE OF CONDUCT
We support the values of tolerance and respect of others.
For this reason, by using this Website, 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 any publicity rights, inciting violence, racial or ethnic hatred or qualify as gross indecency or incitement to commit certain crimes or offences;
- Use the Website 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 Website;
- Divert the Website 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 the youngest; 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;
- Conduct yourself in any manner that would constitute an infringement in terms of the Cybercrimes Act 19 of 2020 including but not limited to the sharing of racists, violent, malicious or pornographic content.
If you become aware of any such User Content as may condone crimes against humanity, incite racial hatred and/or violence, or relate to child pornography, you shall immediately notify Us at the following email address [email protected], specifying in your email the date on which you discovered said content, your identity, the URL, description of the disputed content and the user ID of the author thereof.
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], specifying in your email 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.
As per the provisions of the Protection of Personal Information Act 4 of 2013, said notice shall contain:
- the date of the notice;
- if the sender is an individual: last name, first and middle names, occupation, address, nationality, date and place of birth;
- the addressee’s name and address or, if a legal entity, its corporate name and registered offices;
- a description and specific location of the reported facts (e.g., URL link to the reported content;
- the reasons why such content should be removed, including an indication of the legal provisions and qualification (justifications) applicable to the facts;
- a copy of any correspondence sent to the author or publisher of the reported information or activities requesting their interruption, removal or alteration, or justification that the author or publisher could not be reached.
Any incomplete notice may not be considered. WARNING: The fact for anyone to report any content or activity as unlawful in order to obtain the removal thereof or stop the dissemination thereof by submitting untrue or inaccurate information is punishable in terms of the Cybercrimes Act 19 of 2020.
If you would like information about obtaining L'Oréal's permission to use any of the Content or if You would like to link your website to the Website, e-mail your enquiry to [email protected] .
The Website and the Content are provided as is excluding any warranties of any kind, either express or implied, to the fullest extent permissible pursuant to applicable law including (but not limited to) the exclusion of warranties of title, merchantability, satisfactory quality, fitness for a particular purpose and non-infringement of proprietary or third party rights. L'Oréal further accepts no responsibility or liability for functions contained on the Website and makes no warranties that the Website will operate uninterrupted or error-free or that defects will be corrected. Please note that some jurisdictions do not allow the exclusion of implied warranties, so some or all of the above exclusions may not apply to you.
L'Oréal does not warrant that the Website is compatible with your computer equipment or that the Website or its server is free of errors or viruses, worms or "Trojan horses" and L'Oréal is not liable for any damage you may suffer as a result of such destructive features.
L'Oréal shall not be held responsible for Content provided by third parties. L'Oréal is also not responsible for the reliability or continued availability of the telephone lines and equipment you use to access the website.
These Terms do not affect your statutory rights or your legal rights as a consumer.
LIMITATION OF LIABILITY
You acknowledge that your use of the Website, including the Content is at your own risk. If you are dissatisfied with the Website, the Terms or any or the Content your sole remedy is to discontinue use of the Website.
Save in respect of fraud and of personal injury or death to the extent it results from L'Oréal's negligence, in no event will L'Oréal be liable to you or any third party for any direct, special, indirect, consequential or incidental damages, exemplary or lost profits, or any other damages of any kind whether based on warranty, contract, tort (including negligence) or otherwise, even if L'Oréal has been advised of the possibility thereof. Applicable law may not allow the limitation or exclusion of liability for consequential or incidental damages, so this limitation or exclusion may not apply to you.
LOCAL LAWS AND REGULATIONS
The Website is not directed at any person in any jurisdiction where for any reason the publication or availability of the Website is prohibited. Those in respect of whom such prohibitions apply must not access the Website.
L'Oréal does not represent that either the Website or the Content are appropriate for use or permitted by local laws in all jurisdictions. Those who access the Website do so on their own initiative and are responsible for compliance with applicable local laws or regulations; legal advice should be sought in cases of doubt.
You agree to indemnify, defend and hold harmless each of L'Oréal, its employees, representatives and agents, from and against any claims, actions, demands or other proceedings brought against any of L'Oréal, its employees, representatives or agents, by a third party, to the extent that such claim, suit, action or other proceeding brought against L'Oréal, its employees, representatives, suppliers, or agents is based on or arises in connection with:
(i) your use of the Website;
(ii) any breach by you of the Terms;
(iii) a claim that any use of the Website by you
(aa) infringes any intellectual property rights of any third party, or any right of personality or publicity, or
(bb) is libellous or defamatory, or otherwise results in injury or damage to any third party;
(iv) any deletions, additions, insertions, or alterations to, or any unauthorised use of, the Website by you; or
(v) any misrepresentation or breach of representation or warranty made by you contained herein.
References in this section of the Terms to your use of the Website shall be deemed to include any use by a third party where such a third party accesses the Website using your computer.
You agree to pay L'Oréal, its employees, representatives and agents any and all costs, damages and expenses (including reasonable legal fees) awarded against any of them or otherwise incurred by any of them in connection with or arising from any such third party claim, suit, action or proceeding attributable to any such third party claim.
Either you or L'Oréal may terminate these Terms with or without cause at any time. On termination you shall destroy all Content and copies thereof, obtained from the website.
CHANGES TO THE WEBSITE
We shall use our best efforts to maintain access to the Website and Downloadable Content at all times. However, we cannot guarantee the permanent availability and accessibility of the Website. Indeed, we may be required to momentarily suspend access to all or part of the Website, 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 malfunction as may hinder the proper operation of the Website.
Lastly, our liability shall be limited to direct damage, excluding any other damage or loss whatsoever. More specifically, any indirect damage relating, without limitation, to any loss of profit, revenue or goodwill.
No waiver by L'Oréal of any breach of any obligation arising under these Terms shall constitute a waiver of any other breach and no failure to exercise or partial exercise by L'Oréal of any remedy shall constitute a waiver of the right subsequently to exercise that or any other remedy.
You understand that your Personal Data, may be transferred unencrypted and involve (a) transmissions over various networks outside the Republic of South Africa; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You shall bear the responsibility of capturing the Personal Data and using such Personal Data to generate the service thereof.
The User expressly consents to L’Oréal transferring the Personal Data outside the Republic of South Africa provided the country has similar or stricter Data Protection Laws or in the event that L’Oréal enters into third party operator agreement.
We may collect personal data related to you, particularly when you: (i) subscribe for a service; (ii) download Downloadable Content; (iii) sign in; (iv) apply for a game/competition; (v) send Us an e-mail; (v) respond to a poll or study.
Cookies are small files that are left on your device while you browse the Website (such as the pages looked up, the date and time of such access, etc.) and which may be read whenever your access the same Website (hereinafter “Cookies”).
GOVERNING LAW AND JURISDICTION
The Terms are governed by the laws of the Republic of South Africa and the parties submit to the exclusive jurisdiction of the South Africa courts.
CUSTOMER RATINGS AND REVIEWS TERMS AND CONDITIONS
By posting a comment on CERAVE'S website, you represent and warrant that:
• you are the author of the comment, that you are not stealing the identity of another person and you are not using a false email address or otherwise being misleading as to the origin of your comment;
• your comment is your original work and does not infringe the intellectual property rights of third parties;
You hereby waive all moral rights and any intellectual property rights that would have otherwise vested in You pursuant to the Copyright Act 98 of 1978;
• all content that you post is truthful and accurate;
• you are at least 18 years old;
You further agree and warrant that you shall not submit any content:
• that identifies you to other consumers (so please do not use your full name and instead just your first name or a username);
• that is known by you to be false, inaccurate or misleading;
• that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights;
• that contains any information about CERAVE'S competitors or their products (namely other manufacturers and/or distributors and/or retailers of health and beauty products);
• that contains any pricing information;
• that refers to a third party individual without their prior express consent;
• that violates any law, statute, or regulation (including, but not limited to, those governing intellectual property, consumer protection, unfair competition, anti-discrimination or advertising);
• that is, or may reasonably be considered to be illegal, defamatory, libellous, abusive, hateful, harassing, racially or religiously inappropriate, offensive, inciting of violence, fraudulent, invasive of privacy, threatening, or otherwise injurious to third parties or objectionable;
• that consists of or contains political campaigning, commercial solicitation, chain letters, mass mailings or other forms of “spam”;
• that is unrelated to the purpose of reviewing the products listed on the Site;
• which contains any swearing, sexual innuendo or sexual language or which promotes or incites the perpetration of any unlawful activity such as drug-taking;
• for which you will derive any compensated or monetary benefit by any third party or which could be construed as an advertisement or solicitation to buy (which shall include any content that directs business away from CERAVE;
• that includes any information that references other websites, URL addresses, email addresses, contact information or phone numbers;
• that contains any actual, or instructions on how to create, computer viruses or other potentially disruptive or damaging computer programs or files.
• duplicate content;
• blank reviews;
• reviews in a language that is not English;
• any unintelligible content (such as content that contains random characters and meaningless word strings).
If you have any concerns or complaints about any CERAVE products and their application to you, please contact our Consumer Care Department on [email protected] CERAVE reserves the right to refer your review to its Consumer Advisory Department rather than publishing it if it believes that your comment would be better handled in this way.
The CRR Service may be unavailable from time to time for maintenance or other technical reasons and CERAVE cannot take any responsibility for any errors, omissions, interruptions, deletions or delays that may be experienced by users when accessing the CRR Service.
For any comments that you post, you grant CERAVE a perpetual, irrevocable, worldwide, royalty-free, fully sub-licensable and transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and distribute such content and/or incorporate such content into any form, medium or technology, including CERAVE'S social media pages, together with your username or first name and location.
You agree to perform all further acts necessary to perfect any of the above rights granted by you to CERAVE including the execution of deeds and documents, at its request.
By submitting your email address in connection with your rating and review, you agree that CERAVE and its third party service providers may use your email address to contact you about the status of your review and for other administrative purposes. You agree to indemnify, keep indemnified and hold CERAVE (which shall include its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all losses, claims, demands and damages (actual and consequential) of every kind and nature, direct or indirect including reasonable legal fees, which are incurred by CERAVE for any breach of your representations and warranties set forth above.
CERAVE reserves the right to suspend the CRR Service at any time without notice.