Terms and Conditions
These Terms and Conditions (the “Terms”) constitute a legal agreement between you and B-Enhance OÜ (doing bussiness as Beauty Talk Club) of Estonia, Harju maakond, Kuusalu vald, Pudisoo küla, Männimäe/1 , 74626 governing the use of our website and our Services.
1. General Provisions
1.1 The provisions set out in these Terms govern your access to and your use of our website and shall constitute a legally binding agreement between you and us. We may change such terms from time to time and shall notify you accordingly if we do. If you do not agree to such terms, you must not use our website
1.2 Subject to you agreeing to abide by these Terms, we hereby grant to you a revocable, non-exclusive, and non-transferable license to use our website on these Terms.
1.3 We reserve the right to change, modify, suspend, or discontinue any portion of the Services, our website or any other products, services, affiliated websites (including social media pages) and/or other software provided by us in connection with any of the foregoing at any time. You agree that access to or operation of any of the foregoing may from time to time be interrupted or encounter technical difficulties.
2. Account
2.1 By registering for an Account, which involves providing us with certain mandatory and voluntary information as required for a successful registration and using our website, you agree and acknowledge that:
2.1.1 you have read the terms set out in these Terms and agree to be bound by and comply with them; and
2.1.2 you shall ensure that all Users of your Account abide by these Terms.
2.2 You are responsible for maintaining the confidentiality of your Account and you are responsible for all activities that occur under your Account. You agree that all actions carried out by any person through your Account shall be deemed to be an act carried out by you, and you shall ensure that all persons who have access to and use your Account are authorised to do so. We are not responsible for any loss, damage or liabilities arising as a result of or in connection with the wrongful, fraudulent or illegal use of your Account.
2.3 You are responsible for maintaining the confidentiality of your Account and you are responsible for all activities that occur under your Account. You agree that all actions carried out by any person through your Account shall be deemed to be an act carried out by you, and you shall ensure that all persons who have access to and use your Account are authorised to do so. We are not responsible for any loss, damage or liabilities arising as a result of or in connection with the wrongful, fraudulent or illegal use of your Account.
3. Accessing our website
3.1 We cannot guarantee that our website will operate continuously or without interruptions or be error-free.
3.2 You must not attempt to interfere with the proper working of our website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt our website or any computer system, server, router or any other internet-connected device.
3.3 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our website and is compatible with our website.
3.4 You also understand that we cannot and do not guarantee or warrant that any content on our website will be free from infection, viruses and/ or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the safety and reliability of data input and output.
4. Using our website
4.1 You must use our website and the information available from our website responsibly. No such information may be used for or in connection with any unlawful, immoral, or anti-social purpose, or in a manner which is or may be damaging to our name or reputation.
4.2 You cannot use our website:
4.2.1 for any unlawful purpose;
4.2.2 to send spam;
4.2.3 to harm, threaten, abuse or harass another person, or in a way that invades someone's privacy or is (in our reasonable opinion) offensive or is unacceptable or damaging to us, our customers or suppliers;
4.2.4 to create, check, confirm, update or amend your own or someone else's databases, records, directories, customer lists, mailing or prospecting lists;
4.2.5 to tamper with, update or change any part of our website;
4.2.6 in a way that affects how it is run;
4.2.7 in a way that imposes an unreasonable or disproportionably large burden on us or our suppliers' communications and technical systems as determined by us; or
4.2.8 using any automated means to monitor or copy our website or its content, or to interfere with or attempt to interfere with how our website works.
4.3 We make no warranty or representation that our website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure, and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.
4.4 No part of our website is intended to constitute advice and the Content of our website should not be relied upon when making any decisions or taking any action of any kind.
4.5 Beauty Talk Club uses affiliate programs to help support and monetize our website, which means that when you click on links to various merchant sites that we feature on our pages and make a purchase, this can result in a commission that is credited to our website. Beauty Talk Club assumes no liability for products purchased.
5. Intellectual property rights
All content on our website including but not limited to text, software, photographs, and graphics is protected by copyright. We, or our licensors, own copyright and/or database rights in the selection, coordination, arrangement, and enhancement of such content, as well as in the original content. Except as expressly set out in these Terms, nothing in these Terms shall give you any rights in respect of any intellectual property owned by us or our licensors.
You shall not assert or attempt to obtain any such rights and you shall not use, copy, reproduce, modify, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit, our name, trademarks, logos, or other proprietary marks, or any of the content of our website, in whole or in part, except as provided in these Terms.
6. Account
6.1 If you provide any material to our website (for example, by providing ratings and reviews, comments, articles or uploading any other content in any format (including video) (each “User Content”) you agree to grant us permission, irrevocably and free of charge, to use the User Content (including adapting it for operational or editorial reasons) in any media worldwide, for our own marketing, research and promotional activities and our internal business purposes which may include providing the User Content to selected third party partners, service providers, social media and networking websites.
6.2 You own your User Content at all times, and you continue to have the right to use it in any way you choose.
6.3 By providing any User Content to our website you confirm that such User Content:
6.3.1 is your own original work or you are authorised to provide it to our website and that you have the right to give us permission to use it for the purposes set out in these Terms;
6.3.2 will not contain or promote anything illegal, harmful, misleading, abusive, defamatory (that is, it does not damage someone’s good reputation) or anything else that might cause widespread offence or bring us or our business partners into disrepute;
6.3.3 does not take away or affect any other person’s privacy rights, contract rights or any other rights;
6.3.4 does not contain any virus or other code that may damage, interfere with or otherwise adversely affect the operation of our website;
6.3.5 will, if used to promote your own business or services, clearly and openly state your association with the particular business expressly; and
6.3.6 will not contain any form of mass-mailing or spam.
6.4 If you do not want to grant us the permissions set out above, please do not provide any material to our website.
6.5 We have no obligation to publish your User Content on our website and we retain the right to remove any User Content at any time and for any reason.
6.6 We do not edit, pre-vet or review any User Content displayed on our website. If you believe that any User Content does not comply with the requirements set out in this paragraph, please notify us immediately. We will then review the User Content and, where we deem it appropriate, remove it within a reasonable time.
7. Warranties
While we make all efforts to maintain the accuracy of the information on our website, we provide the Services, website, and all Related Content on an “as is” and “as available” basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of any of the foregoing, unless otherwise specified in writing.
To the full extent permissible by law, we disclaim all warranties, express or implied, relating to our website or any Services, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Services, our website, the Related Content, or electronic communications sent by us are free of viruses or other harmful components.
8. Limitation Of Liability
8.1 We are not liable for the completeness, accuracy or correctness of any information uploaded on our website. You expressly agree that your use of the Services and our website, is at your sole risk.
8.2 You agree not to use the Services, our website and the Related Content for any re-sale purposes, and we have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms (including but not limited to the use of, or inability to use, the Services, our website or any other website or software) for:
8.2.1 loss of profits, sales, business, or revenue;
8.2.2 business interruption;
8.2.3 loss of anticipated savings;
8.2.4 loss or corruption of data or information;
8.2.5 loss of business opportunity, goodwill or reputation; or
8.2.6 any other indirect or consequential loss or damage.
8.3 Nothing in these Terms shall limit or exclude our liability for:
8.3.1 death or personal injury resulting from our negligence;
8.3.2 fraud; and/or
8.3.3 any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability.
8.3.4 Our website is not intended to serve a record-keeping function and we shall not be liable for any loss of data or content.
8.4 These Terms set out the full extent of our obligations and liabilities in respect of the supply of the Services and our website. Except as expressly stated in these Terms, there are no conditions, warranties, representations, or other terms, express or implied, that are binding on us. Any condition, warranty, representation, or other term concerning the supply of the Services and our website which might otherwise be implied into, or incorporated in, these Terms whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
9. Indemnity
You agree to indemnify and hold us, our related corporations, and our respective directors, officers, employees, agents and representatives, independent contractors, licensees, successors and assigns harmless from and against all claims, losses, expenses, damages and costs (including but not limited to direct, incidental, consequential, exemplary and indirect damages), and reasonable legal fees, resulting from or arising out of your act, default or omission, whether in your use of our website, Services, and/or any websites or software in relation thereto or otherwise, and whether in respect of your breach of these Terms (including our Privacy Policy or Cookie Policy) or any laws or regulations or otherwise.
10. Other Important Terms
10.1 We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or obligations under these Terms.
10.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
10.3 No joint venture, partnership or agency or employment relationship has arisen by reason of these Terms.
10.4 These Terms and any document expressly referred to in it constitutes the entire agreement between us regarding their subject matter, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations, and understandings between us, whether written or oral, relating to that subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance, or warranty (whether made innocently or negligently) that is not set out in these Terms, or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms or any document expressly referred to in it.
10.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
10.6 Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
10.7 These Terms, its subject matter and its formation, and any other disputes or claims in connection therewith, are governed by law of Estonia. In the event of any such disputes or claims in connection with these Terms, you agree to first engage in good faith discussions with us to resolve such dispute or claim. If such dispute or claim is not resolved within sixty (60) days, we both irrevocably submit to the exclusive jurisdiction of the courts of Estonia.