TERMS & CONDITIONS
1. Introduction
These are the Terms & Conditions ("Terms of Use") for your use of services or features on the sites owned and controlled by Lintons Beauty World. ("Lintons Beauty"), including Lintons Beauty Website (the "Site"). We may add additional Sites from time to time as we expand our beauty offerings and these Terms of Use will govern those new Sites when added. If you register for a Lintons Beauty account, you will have three pages associated with your Lintons account, including a Profile page, Loves Page and Account page. These pages are not visible to anyone but you.
BY USING THE SITES, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS OF USE, OUR PRIVACY POLICY AND OUR GUIDELINES AND RULES. IF YOU DO NOT AGREE WITH ANY OF THESE, YOU SHOULD NOT USE OUR SITES.
We also like to interact with you on third party sites where we post content or invite your feedback, such as Facebook and Instagram ("Third Party Sites"). Our Terms of Use and other areas of our Sites may provide guidelines ("Guidelines") and rules and regulations ("Rules") in relation to Third Party Sites, but Lintons Beauty does not control those Third Party Sites, and these Terms of Use, do not apply to companies that Lintons Beauty does not own or control, or to the actions of people that Lintons Beauty does not employ or manage. You should always check the terms of use posted on Third Party Sites.
Lintons Beauty reserves the right to change or modify any of the terms and conditions contained in the Terms of Use, Guidelines and Rules from time to time at any time, without notice, and in its sole discretion. If Lintons Beauty decides to change these Terms of Use, Lintons Beauty will post a new version on the Sites and update the date set forth above. Any changes or modifications to these Terms of Use, Guidelines or Rules will be effective upon posting of the revisions. YOUR CONTINUED USE OF THE SITES FOLLOWING POSTING OF ANY CHANGES OR MODIFICATIONS CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS AND IF YOU DO NOT AGREE WITH THESE CHANGES OR MODIFICATIONS, YOU MUST IMMEDIATELY CEASE USING THE SITES. For this reason, you should frequently review these Terms of Use, our Guidelines and Rules and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Sites.
The short and sweet version:
When you use our Sites, you agree to our rules. And since they’re our Sites and our rules, we can change them whenever we want.
2. Copyright
All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, and all software on the Sites is Copyrighted. ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement and assembly) of all content on the Sites is the exclusive property of Lintons Beauty and protected by Kenyan and international copyright laws. All software used on the Sites is the property of Lintons Beauty or its software suppliers and is protected by Kenyan and international copyright laws. Permission is granted to electronically copy and to print in hard copy portions of the Sites for the sole purpose of placing an order with Lintons Beauty or using the Sites as a shopping resource. Any other use of materials on the Sites - including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance - without the prior written permission of Lintons Beauty is strictly prohibited.
The short and sweet version:
We work hard making the content on our Sites, so we’re protective of what happens to it. Unless you’re placing an order or shopping, you need permission from us to use our content elsewhere.
3. Trademarks
Lintons Beauty website and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Lintons Beauty and may not be used in connection with any product or service that is not offered by Lintons Beauty in any manner that is likely to cause confusion among customers. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
The short and sweet version:
Like we said in #2, our Site content is ours. Don’t use it in negative or malicious ways, or to advertise products or services we don’t sell.
4. Product Information
The products displayed on the Sites can be ordered and delivered only within Kenya and Uganda. Lintons Beauty products displayed on the Sites may be available in select Lintons Beauty retail stores in Kenya and Uganda. All prices displayed on the Lintons Beauty website are quoted in Kenyan shillings/ Ugandan shillings and are valid and effective in those respective countries. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Lintons Beauty.
All material and information presented by Lintons Beauty is intended to be used for personal, educational or informational purposes only. The statements and products sold through Lintons Beauty are not intended to diagnose, treat, cure or prevent any condition or disease. If any minor uses any goods or product from Lintons Beauty it should be only after the legal or parental guardian has discussed the product with the minor's doctor.
All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. Use of the Sites is not meant to serve as a substitute for professional medical advice: these Sites are solely online stores for specialty beauty products. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Sites before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. Lintons Beauty does not give or intend to give any answers to medical related questions and these Sites do not replace any medical professional or medical resource. Lintons Beauty does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Sites.
The products available on the Sites including any samples Lintons Beauty may provide to you, are for your personal use only. You may not sell or resell any products you purchase or otherwise receive from Lintons Beauty. Lintons Beauty reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms of Use, as determined by Lintons Beauty in its sole discretion.
Except where prohibited by law, Lintons Beauty may limit the number of products available for purchase.
The short and sweet version:
Our products and samples are for personal use, not for resale. That’s why we have a limit on how much you can purchase of certain products or from certain brands.
We’ve taken great care to make sure that the information you read about our products is accurate, but we’re not doctors—we don’t even play doctors on TV. Nothing on our Sites should be interpreted as medical advice. If you have questions about particular products, their ingredients, or their effects, you should talk to a real doctor or health care provider.
5. Color Information
While Lintons Beauty has tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.
6. Responsibility for your Content
You are solely responsible for all content that you upload, post, email or otherwise transmit via or to the Sites, through product Ratings & Reviews or otherwise, including the submission of Questions & Answers, and all other data, profile information, documents, text, software, applications, music, sound, photographs, graphics, video, messages, forum postings, comments, questions, answers or other materials (collectively, "Content"). We will not accept Content from you unless you are a registered user of the Sites.
7. Your Use of Content on the Sites and Limitation of Liability
Lintons Beauty provides the Sites and all other services on the Sites as a forum only. Lintons Beauty is not liable for any statements, representations, or Content provided by its users in any public forum on the Sites or any Third Party Site. Any Content, if displayed, is displayed for entertainment and informational purposes only. More generally, Content posted via or on the Sites or any Third Party Site, is not controlled by Lintons Beauty. Lintons Beauty cannot guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Lintons Beauty be liable in any way for any Content, including, but not limited to, for (i) any errors or omissions in any Content; or (ii) any loss or
damage (including, without limitation, personal injury or property damage) of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via or to the Sites.
You may access the Content and any other content on the Sites only as permitted under these Terms of Use and the Privacy Policy and you agree to not engage in the use, copying or distribution of any of the Content other than as expressly provided herein.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use of any Content or enforce limitations on use of the Site or the Content therein. You may not interfere with or disrupt the Sites, or servers or networks connected to the Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Sites, including by using any device, software or routine to bypass robot exclusion headers. Lintons Beauty reserves all rights not expressly granted in and to the Content.
The short and sweet version:
Take what other users post with a grain of salt; they may have opinions you disagree with, their reviews may be biased, or they may be having a bad day. Interacting with all the content on our Sites is at your own risk. We’re not responsible for services or products offered by others.
8. Your Content Submissions
By submitting Content to Lintons Beauty, you represent and warrant that:
♦ You understand you are participating in a public forum and that your Content and other personal information will be available to all other users of the Sites and potentially Third Party Sites.
♦ You are the sole author and owner of the intellectual property and other rights thereto (or have the necessary licenses, rights, consents and permissions to use and provide a non-exclusive license to Lintons Beauty to use all intellectual property and other rights thereto to enable inclusion and use of the Content in the manner contemplated by the Sites and these Terms of Use);
♦ You understand that your Content may be utilized and distributed by Lintons Beauty in its marketing materials, including but not limited to, the Lintons Beauty website, Lintons Beauty emails, social channels, and store materials;
♦ All "moral rights" that you may have in such Content have been voluntarily waived by you and you do not require that any personally identifying information be used in connection with the Content that you submit, or any derivative works of or upgrades or updates thereto
♦ All Content that you post is accurate;
♦ You are at least 18 years old and, if you are a minor, that you have obtained the consent of your parent or legal guardian to use the Site and their agreement to these Terms of Use;
♦ and that use of the Content you supply does not violate these Terms of Use and will not cause injury to any person or entity.
You also represent and warrant that any Content you submit:
♦ Is not false, inaccurate or misleading;
♦ Does not harm minors;
♦ Does not elicit or provide medical advice;
♦ Does not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity;
♦ Does not violate any obligations you may have with respect to such Content under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
♦ Does not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
♦ Is not, or would not reasonably be considered to be, unlawful, harmful, defamatory, trolling, bullying, libelous, vulgar, obscene, invasive of another's privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual, partnership or corporation;
♦ Is relevant to the product being rated and reviewed or about which a question or answer is submitted;
♦ Does not include any information that references other websites, addresses, email addresses, contact information or phone numbers;
♦ Complies in all respects with these Terms of Use, our Privacy Policy and all Guidelines and Rules;
♦ Is not a form of phishing and does not contain unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
♦ Does not contain any computer viruses, worms or other potentially damaging computer programs or files; and
♦ Does not impersonate any person or entity, including, without limitation, any Lintons Beauty official, forum leader, guide or host, or falsely states or otherwise misrepresents your affiliation with a person or entity. You may not use the Sites to collect or store personal information about other users.
Lintons Beauty does not endorse any Content or any opinion, recommendation or advice expressed therein, and Lintons Beauty disclaims all liability with respect to the Content posted by third parties.
For any Content that you submit, you grant Lintons Beauty a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, sublicensable and transferable right and license to use, reproduce, communicate, distribute, share, copy, modify, delete in its entirety, edit, adapt, publish, translate, publicly display, publicly perform, use, create derivative works from and/or sell and/or distribute such Content and/or incorporate such Content into any form, medium or technology whether now or hereafter known throughout the world without compensation to you. This includes, but is not limited to, sharing your Content, including your Ratings & Reviews or Questions & Answers, with third-party brands whose product we sell. This license will survive the termination of these Terms of Use and your use of the Site.
The short and sweet version:
When you post content to our Sites, you’re acknowledging that you are posting content on the internet, in public, for everyone to see, use, copy, and share. Please only post content that a) you have the rights to post, b) does not violate anyone else’s rights, and c) is fair and truthful. We are not responsible if others don’t beauty by these rules.
You own your content, even after you post it to our Sites. But by sharing with us you’re granting us a non-exclusive license to it, which means we might use it in places like marketing materials.
We know that some posts include ideas or business proposals for Lintons Beauty—we don’t pay for unsolicited suggestions like these. And know that when you post ideas like this in public, they’re not covered by any kind of confidentiality or copyright protection.
8a. Instagram Content
By agreeing to allow Lintons Beauty to use the photograph, video, or related content that you originally posted on Instagram (your "IG Content"), the terms below apply:
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Lintons Beauty will have the worldwide and perpetual right, but not the obligation:
a. To reproduce, exhibit and otherwise use your IG Content in Lintons Beauty's Gallery
b. To enable users to "shop your look" and purchase products, including, without limitation, by appending to your IG Content images of products (including those that you tag in your IG Content) and links to the e commerce portions of Lintons Beauty's sites and apps, including Lintons Beauty website, and
c. To make reasonable edits to the IG Content in connection with the foregoing.
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You represent and warrant that:
a. No person other than you appears or is mentioned in the IG Content;
b. You took the photograph or video or have all the rights to the IG Content;
c. You actually used any products tagged, shown or mentioned in the IG content in conformity with the product instructions;
d. If your IG Content contains a "look" based on use of various products, that "look" is a fair representation of the actual performance and appearance of the products tagged, shown or mentioned in the IG Content, and you did not use any tools, special effects, or any other method to materially enhance or alter the performance or appearance of such products;
e. Any statements or testimonials that are included in your IG Content are true and accurate and represent your current honest opinions, findings, beliefs, and/or experiences;
f. You have not received any compensation, incentive, or other benefit from Lintons Beauty or any third party in exchange for posting the IG Content, using any product, or mentioning or tagging any products or brand, in your IG Content; and
g. You have the right to grant Lintons Beauty the right to use your IG Content as set forth in these terms and such use by Lintons Beauty will not violate the rights of any third party.
9. Third Party Content and Third Party Sites
Lintons Beauty may provide content of third parties ("Third Party Content") or links to Third Party Sites as a service to those interested in this information. Lintons Beauty does not monitor, approve or have any control over any Third Party Content or the Third Party Sites and the inclusion of links to Third Party Content or Third Party Sites does not imply any association or relationship between Lintons Beauty and such third party. Lintons Beauty does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content or any Third Party Site. Lintons Beauty is not responsible for updating or reviewing Third Party Content or Third Party Sites. You use Third Party Content and Third Party Sites at your own risk. Third Party Content, including comments from third party users submitted to Lintons Beauty, these do not necessarily reflect the views of Lintons Beauty.
The short and sweet version:
Sometimes we link away from the Lintons Beauty website to sites we don’t own or control. While we’d never intentionally send you to a site with questionable material, we aren’t responsible if you don’t like what you see when you get there.
10. Mobile Services
If you access the Sites via your mobile phone (through an iPhone application, for example), we do not currently charge for this access. Additionally, you may receive text messages or calls from us related to certain products or services. Please be aware that if you access the Sites via your mobile phone or provide a mobile phone number to us in order to be contacted by voice or text message, your carrier's normal rates and fees, such as text messaging fees or data charges, will still apply.
The short and sweet version:
Lintons Beauty doesn’t charge you for accessing our Sites via mobile, but your carrier may charge you for things like downloading data.
11. Modification of Content
All Content that you submit is not confidential and may be used at Lintons’ sole discretion. Lintons Beauty may or may not pre-screen Content. However, Lintons Beauty and its designees will have the right (but not the obligation) in their sole discretion to pre-screen, change, condense or delete any Content on the Sites. In particular, Lintons Beauty and its designees will have the right to remove any Content that Lintons Beauty deems, in its sole discretion, to violate the Guidelines, or any other provision of these Terms of Use. Lintons Beauty does not guarantee that you will have any recourse through Lintons Beauty to edit or delete any Content you have submitted. Lintons Beauty reserves the right to incorporate any Content you have submitted into any account you may have, now or in the future, as a registered user of the Sites. Ratings and Reviews, Questions & Answers, and Gallery photos are generally posted within two to four business days. However, Lintons Beauty reserves the right to remove or to refuse to post any submission for violation of any relevant terms or guidelines. You acknowledge that you, not Lintons Beauty, are responsible for the contents of any Content you submit. None of the Content that you submit shall be subject to any obligation of confidence on the part of Lintons Beauty, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees.
The short and sweet version:
Sometimes we screen content before it’s posted to make sure it follows our guidelines. If you post something that violates our guidelines, we can remove it.
12. Reservation of Rights
Lintons Beauty reserves the right, at any time, without notice and in its sole discretion, to terminate your license to use the and the Sites and to block or prevent your future access to and use of the and the Sites. Lintons Beauty may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce these Terms of Use, (iii) respond to claims that any Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of Lintons Beauty (and its employees), its users and the public.
The short and sweet version:
Lintons Beauty’s Sites are provided to you for free and we reserve the right to refuse service to anyone.
13. Disclaimer of Warranties
LINTONS BEAUTY IS PROVIDING THE SITES, THEIR CONTENTS ON AN "AS-IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITES OR THE , THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THE SITES. TO THE FULLEST EXTENT PERMITTED BY LAW, LINTONS BEAUTY DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, LINTONS BEAUTY DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITES IS ACCURATE, COMPLETE OR CURRENT. Please note that some jurisdictions may not allow the exclusion of implied warranties and conditions, so some of the above exclusions may not apply to you but shall apply to the maximum extent permitted by applicable laws. Price and availability information is subject to change without notice.
14. Disclaimer of Liabilities
LINTONS BEAUTY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITES . THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.
15. Indemnification
You agree to defend, indemnify and hold harmless Lintons Beauty (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages including reasonable legal fees, arising out of (a) your misuse of the Sites and the ; (b) your violation of any term of these Terms of Use; (c) a breach of your representations and warranties set forth above regarding Content; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any Content you submitted caused damage to a third party. This indemnification obligation will survive the termination of these Terms of Use and your misuse of the Sites.
16. DMCA
If you believe your work or content has been copied and posted to the Sites in a way that constitutes copyright infringement, please provide Lintons Beauty's designated copyright agent the following written information:
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the Sites;
• 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;
• Your name, address, telephone number and email address (if available); and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
The short and sweet version:
If you see anything on our Site that you believe infringes on your own trademark or copyright, email us at info@lintonsbeauty.com
17. Fraud Protection Program
As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity or where the order violates Lintons Beauty’s published policies. If such is the case, we may reject your order or our Customer Service department may call you at the phone number you provided (or use your email address) to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
The short and sweet version:
If we suspect that you’ve placed an order that’s fraudulent, unauthorized, or illegal, we might refuse to process it and may even cancel your account.
18. Privacy
By submitting your email address in connection with your account, you agree that Lintons Beauty and its third-party service providers may use your email address to contact you about your Lintons Beauty account or Content you have submitted to the Sites or for other administrative purposes and for any other purpose permitted or required by law. Lintons Beauty's Privacy Policy provides further detail on the manner in which Lintons Beauty may collect and use personally identifiable information about you, including any information you supply in connection with your use of these Sites and participation in the .
The short and sweet version:
We will send you emails based on your account settings, which you can change by signing into your account. Our Privacy Policy also tells you how Lintons Beauty may collect and use your personal information, so it’s worth a read.
19. Waiver
No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Lintons’ failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
20. English Language
It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English.
21. Dispute Resolution
If a dispute should arise between you and Lintons Beauty, we want to provide you with a resolution that is efficient and cost effective by using our customer service team. If your dispute cannot be resolved using our customer service team, these Terms describe how we shall proceed with the resolution of the dispute.
The short and sweet version:
If you’re unhappy, the best way to get a resolution is to call or email our customer service
22. Severability
The provisions of these Terms of Use are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by Lintons Beauty, or alternatively, by disposition of an arbitrator or a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Terms of Use without affecting the validity, legality or enforceability of any of the remaining provisions.