1.3 If you use or access this Site you are responsible for compliance with applicable local laws. You may not access this Site from countries where access or the contents of this Site is illegal.
2.1 This website is owned and operated by EMA Aesthetics Limited of Palmerston House, Fenian Street, Dublin 2, Ireland, with company number 642585 (“we”, “us” or “our”). Our VAT number is 36197650H.
2.2 You can contact us by emailing us at email@example.com or by telephoning us at +353 1 905 8020 and asking for the EMA Senior Relationship Manager.
2.3 When we say “you” or “your”, we mean any person who visits, accesses or uses this Site.
3 ACCEPTING THESE TERMS
4 OTHER TERMS
5 YOUR RESPONSIBILITIES
- If you are a consumer user, you acknowledge that we only provide this Site for private and domestic use. You agree not to use this Site for any commercial or business purposes. When using and accessing this Site you must comply with all applicable laws.
- You must have access to the internet or other network service in order to access or use this Site. It is your responsibility to select, obtain and pay for internet and network access (including excess charges if you exceed any data caps) and any equipment, internet access or services necessary for such internet or other network access and to comply with the terms and conditions of the relevant service providers. We are not responsible for the failure of such internet or network services. You acknowledge that the quality and bandwidth of your internet or network service will affect the quality and speed of access to and use of this Site.
- You are responsible for making all arrangements necessary for you to have access to or use of this Site and for ensuring that your device and software meets the minimum specifications and is configured correctly. You should use your own virus protection and firewall software. You are solely responsible for regularly backing-up your User Content and any other data used in connection with this Site.
- By using this Site, you acknowledge that the transmission of data over the internet can never be completely secure and you accept the risk that others may be able to read or intercept any User Content or other information, text, media, graphics you submit or send to or through this Site. This includes transmissions that are identified as secure or encrypted.
6 AMENDING THESE TERMS
7 CHANGES TO THE WEBSITE
8 OUR CONTENT AND IP
- You must not alter, reproduce, republish, sell, disseminate, distribute, transmit, broadcast or commercially exploit any part of Our Content or the design or look and feel of this Site, unless we agree in writing in advance. You must not store, link, frame, scrape or deep-link Our Content on any other website or app or in any other medium or format unless we agree in writing in advance.
- You must always acknowledge our status and that of any identified contributors as the authors of material on this Site.
- We are entitled to investigate any suspected or actual improper, illegal, or unauthorised use of Our Content or this Site (or any part of it) and we are entitled to take any legal action we deem appropriate.
9 LINKS TO THIRD PARTIES
- Certain information available through this Site may include materials from third parties. this Site may contain links to third party websites that are not affiliated with us. These links are provided for your convenience only and do not amount to an endorsement of any information or materials contained on those sites. We are not responsible for examining or evaluating and have no control over the information, products, services or materials on or available from third parties or third party websites or their availability or accuracy. We do not warrant and have no liability or responsibility for any third party materials or websites, or for any other information, products or services of third parties. You use and access these at your own risk.
- We are not liable for any harm, loss or damage related to the purchase or use of goods, services, resources, materials, or any other transactions made in connection with any third party websites. You should carefully review the third party policies and practices and make sure you understand them before you engage in any transaction. You must direct any complaints, claims, concerns, or questions regarding third party products to the relevant third party.
10 LINKING TO THIS SITE
- You may link to this Site homepage only if you do so in a manner that is fair and reasonable and that does not harm our reputation and does not take advantage of it. You may not link in such a manner as to suggest any form of association or approval on our part, unless you have received our prior written approval. You must not frame this Site on any other website, and you must not create a link to any part of this Site other than the home page. We may withdraw our permission to any linking permission at any time without having to give prior notice.
11 ACCEPTABLE USE
You must not (and you must not allow anyone to) access or use this Site or any of Our Content:
11.1.2 in violation of any applicable law;
11.1.3 for any unlawful, fraudulent, improper or malicious purpose or effect;
11.1.4 for the purpose of harming or attempting to harm children in any way;
11.1.5 to submit false or misleading information;
11.1.6 to promote illegal activity or violence;
11.1.7 in any way that infringes the legal rights (including the privacy or intellectual property rights) of any other person;
11.1.8 to deceive any person, to impersonate any person, or to misrepresent your identity or affiliation with any person;
11.1.10 to transmit or procure the sending of content or material, that is defamatory, racist, sexist, false, misleading, discriminatory, hateful, obscene, offensive or otherwise objectionable to us, our staff, or any other individuals;
11.1.11 to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
11.1.12 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form or similar solicitation (‘spam’);
11.1.13 to collect or track the personal information of others; or
11.1.14 to harvest or collect any information or data from this Site or our systems or attempt to decipher any transmissions to or from the servers running our services.
- You must not (and you must not allow anyone to):
- use this Site in any way that could damage, compromise, overburden, disable or impair this Site, anyone’s server, systems or networks, or that could interfere with any other person;
- use any automatic or manual device, program, algorithm or methodology, or any similar process on any part of this Site;
- circumvent the security features of this Site or attempt to gain unauthorised access to this Site, any part or feature of this Site, or any servers, equipment, software, systems or networks associated with this Site;
- use this Site to obtain or attempt to obtain any materials or information through any means not intentionally made available to you;
- rent, lease, sub-license, loan, provide, or otherwise make available, this Site in any form, in whole or in part to any person, unless we agree in writing in advance;
- translate, merge, adapt, vary, alter or modify, the whole or any part of this Site, or allow this Site or any part of it to be combined with, or become incorporated in, any other programs; or
- hack into or insert malicious code, such as viruses, or harmful data, into this Site, or any other network or system.
12 FEEDBACK AND OTHER CONTENT
- If, at our request, you submit specific materials to us or without a request from us you send creative ideas, feedback, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Feedback”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Feedback. We are under no obligation to: (a) maintain any Feedback in confidence; (b) pay any compensation for that Feedback; or (c) respond to any Feedback.
- You agree that any Feedback or other content you submit (collectively, “Comments”) must: (a) not violate the rights of any third party (including any intellectual property rights); (b) not contain libellous or otherwise unlawful, abusive or obscene material; and (c) not contain any computer virus or other malware that could in any way affect the operation of this Site or any related services or website. You are solely responsible for any Comments you submit and their accuracy. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Comments. We take no responsibility and assume no liability for any Comments you or any third party submit.
13 OUR LIABILITY
- This Site has not been developed to meet your individual requirements. We provide this Site for general information purposes only and you should not rely on information or results obtained from this Site or use it as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. You should obtain professional or specialist advice before acting or omitting to act based on information or results obtained from this Site. Any reliance on the material on this Site is at your own risk.
- We aim to ensure that this Site and Our Content is accurate at the time of publication, however, this Site or its content or features may change from time to time. We are under no obligation to update this Site or Our Content. To the fullest extent allowed by applicable law, this Site and Our Content are provided on an ‘as is’ and ‘as available’ basis and without any warranties, guarantees, undertakings or representations, whether express, implied, statutory or otherwise, with respect to merchantability, fitness for a particular purpose, non-infringement, availability, compatibility, security, accuracy or any other matter. Like other organisations that operate online, we cannot and do not guarantee that: (a) this Site (or any part of it), or any of Our Content, will always be available, accurate, complete, current, uninterrupted, error-free, timely, or that defects will be corrected; or (b) this Site or Our Content or the networks or servers that make them available will be secure or free from viruses, bugs, malware, other harmful elements or omissions.
- As we provide access and use of this Site free of charge, to the fullest extent allowed by applicable law, we and our affiliates and business partners and our and their respective directors, officers, employees, affiliates, agents, contractors, suppliers or licensors are not liable for:
- any direct, indirect or consequential loss or damage; or
- any corruption or damage to equipment, property or systems; wasted management or office time; any business interruption; or any loss of profits, income, revenues, goodwill or reputation, data, contracts, use, opportunity, business, anticipated savings or any similar losses or damages; or
- any other loss or damage of any kind, however arising, even if foreseeable,
- For any liability which cannot lawfully be excluded but can be limited, our total aggregate liability will not exceed €20 (twenty euro).
14 SOME FINAL TERMS
Last update: April 2022
EMA – ToU V1.0