Terms of Website Use

Website Terms of Use 

This policy relates to our websites - shop.aestheticare.co.uk, aestheticare.co.uk, shop.allskinmed.co.uk, www.allskinmed.co.uk, www.emepelle.co.uk, www.heliocare.co.uk and www.newabeauty.co.uk (the "Website") is operated by Ferndale Pharmaceuticals Ltd, a limited company incorporated in England and Wales with company number 04720051 and having its registered office at Unit 740, Street 2, Thorp Arch Estate, Wetherby, England LS23 7FX ("Ferndale" / "we" / "our" / "us"). We also trade as AesthetiCare our commercial division that specialises in skincare, skin-health, beauty and wellbeing. You can contact us at customer.care@aestheticare.co.uk.

Your use of the Website is governed by these terms of use (the “Terms”). 
Please read these Terms carefully before you start to use the Website, as these will apply to your use of the Website. We recommend that you print a copy of this for future reference.  

By using the Website, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use the Website. 

The term 'you' or “your” refers to the user or viewer of the Website. 

1. Other Applicable Terms 

1.1 These Terms refer to the following additional terms, which also apply to your use of the Website: 

 
1.1.1 our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Website, you consent to such processing and you warrant that all data provided by you is accurate; 

 
1.1.2 our Cookie Policy, which sets out information about the cookies on the Website; and 

 
1.1.3 our Terms and Conditions of Supply which will apply if you purchase goods from the Website. 

 
2. Changes to the Terms 

2.1 We may revise these Terms at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you. 

 
2.2 We may update the Website from time to time, and may change the content at any time, (but we are not obligated to do either). 

3. Using the Website 

3.1 Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the Website, or any content on it, is accurate, complete or up to date. 

3.2 You are responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms of use and any other applicable terms and conditions and that they comply with them. 

3.3 The Website is directed to people residing in the United Kingdom. We do not represent that the content available on or through the Website is appropriate for use or available in other locations. 

3.4 We shall not be liable if for any reason the Website is unavailable at any time or for any period. Access to the Website may be suspended or restricted temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control. 

3.5 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you should treat such information as confidential. You should not disclose it to any third party. 

3.6 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms. 

3.7 If you know, or suspect that anyone other than you knows, your user identification code or password, you must promptly notify us at customer.care@aestheticare.co.uk. 

4. Intellectual Property 

4.1 The Website and all intellectual property rights in it including but not limited to any text, images, video, audio or other multimedia content, software or other information or material submitted to or on the Website are owned by, or licensed to, us. Intellectual property rights means rights such as: copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We reserve all of our rights in any intellectual property in connection with the Website and these Terms. This means, for example, that we remain owners of them and free to use them as we see fit. 

4.2 Nothing in these Terms grants you any legal rights in the Website other than as necessary to enable you to access the Website. You agree not to adjust or to try to circumvent or delete any notices contained on the Website (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Website. 

4.3 Trade marks: Registered trade marks and names and terms used as trademarks on the Websites should not be used by you unless you have our written permission. 

4.4 If you wish to link to any part of the Website, you must obtain our prior written consent. We reserve the right to withdraw any linking permission we may provide to you without notice. 

5. Acceptable Use and Conduct 

5.1 Other than personally identifiable information, which is covered under our Privacy Policy, any material you transmit or post to the Website shall be considered non-confidential and non-proprietary. We shall have no obligations with respect to such material. We and our designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any commercial or non-commercial purposes. 

5.2 We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Website constitutes a violation of their intellectual property rights or of their right to privacy. 

5.3 You are prohibited from posting or transmitting to or from the Website any material: 

5.3.1 that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or 

5.3.2 for which you have not obtained all necessary licences and/or approvals; or 

5.3.3 which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or 

5.3.4 which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data). 

5.4 We have the right to remove any posting you make on our Website if, in our opinion, your post does not comply with these Terms. 

5.5 You may not misuse the Website (including, without limitation, by hacking). You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. 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. In the event of such a breach, your right to use the Website will cease immediately. 

6. Disclaimer 

6.1 The content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content of the Website. 

6.2 Nothing in these Terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law. 

6.3 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website or any content on it, whether express or implied. 

6.4 Please note that we only provide our Website for domestic and private use. You agree not to use our Website 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. 

6.5 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 our Terms and Conditions of Supply. 

7. Third Party Websites 

7.1 Where the Website contains links to other websites and resources provided by third parties, these links are provided for information only. They should not be interpreted as approval by us of those linked websites or information you may obtain from them. 

7.2 Please ensure you review all terms and conditions of website use and privacy policy of any such third party websites. 

8. Jurisdiction and Governing Law 

8.1 These Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland. 

8.2 Unauthorised use of the Website may give rise to a claim for damages and/or be a criminal offence.