Editor
PIERRE FABRE AUSTRALIA PTY LTD
Headquartered at Level 7, 32 Walker St
North Sydney NSW 2060
ABN: 30 098 999 850
Telephone: +61 (0)2 9195 6200
Email: contact.klorane@pierre-fabre.com
Publishing director PIERRE FABRE AUSTRALIA PTY LTD
Developer
SMILE simplified joint-stock company with capital of €814,314.88
20 Rue des Jardins
92600 Asnières sur seine
RCS (Commercial Registry No.) Nanterre 378 615 363
Host
PLATFORM.SH simplified joint-stock company with capital of €510,747,000
131 Boulevard de Sébastopol
75002 Paris, France
RCS (Commercial Registry No.) Paris B 521 496 059
Telephone No.: +33 (0) 1 40 09 30 00
Email: customercare@platform.sh
Credit
Design, creation: WIDE Conception, Editorial content, photos/videos: PIERRE FABRE DERMO-COSMETIQUE
ARTICLE 1 – PURPOSE OF THE GENERAL TERMS AND CONDITIONS
The purpose of these general terms and conditions of use (hereinafter referred to as “ T&C ”) are to define the conditions of use and access to the Website belonging to KLORANE LABORATORIES (hereinafter referred to as “KLORANE LABORATORIES”), trademark owned by PIERRE FABRE AUSTRALIA PTY LTD (hereinafter referred to as “PFA”, which users (hereinafter the “Users”) are deemed to have accepted simply by visiting this Website.
If the Users do not wish to accept these conditions, KLORANE LABORATORIES requests them to leave the Website.
The T&Cs are subject to Australian law and may be modified at any time and without notice. The Website is to be used and consulted solely for personal, non-commercial purposes.
In general, the User is prohibited from using all or part of the Website for any purpose that is unlawful (copyright) or prohibited by these T&Cs.
By visiting the Website, the User agrees to comply with the T&Cs as set out on the date of the visit.
The T&Cs apply to any User that visits the Website.
ARTICLE 2 – DESCRIPTION OF THE WEBSITE
The Website is only accessible online at the following address:
https://www.klorane.com/au-en and only to Users residing in Australia.
The Website has been created to provide you with information about KLORANE LABORATORIES (product descriptions, advice sheets, competitions, newsletters, etc.) as well as to present all of the KLORANE LABORATORIES ranges. In particular, the Website provides non-contractual information on KLORANE LABORATORIES, with the ongoing concern of describing all of its products, but without any desire to offer direct purchase of a product or service (unless expressly stated otherwise) (hereinafter “Services”).
If you are under the age of sixteen (16), you are required to declare that you have received permission from your parents or legal representatives before supplying KLORANE LABORATORIES with your personal information to access the Website and to receive any communications sent by KLORANE LABORATORIES.
The Website is entirely funded by PFA. The Website does not constitute a contractual offer and does not welcome any form of advertising.
In so far as the Website is kept up to date, taking into account all activities, it could happen that certain new information, Services or announcements are no longer valid at the time of their distribution or that they are quite simply outdated. KLORANE LABORATORIES cannot guarantee, despite making every effort to do so, that all information and services available on the website are up to date.
KLORANE LABORATORIES does not guarantee the accuracy and completeness of the information and services contained on the website. KLORANE LABORATORIES will carry out the corresponding corrections. In addition, the information and Services provided may have been updated between the time the Users viewed them and the time the Users became aware of them. KLORANE LABORATORIES does not guarantee in any way that this information and these Services are exact, complete and up to date.
Use of the Website is the sole and entire responsibility of the User. KLORANE LABORATORIES cannot be held responsible for any outcomes as a result of using the Website.
Unless expressly provided otherwise, any new feature which improves or increases one or more existing Service(s) or any new service launched by KLORANE LABORATORIES will be subject to the T&Cs.
Users accept that the Service is provided to them " as is ". Users undertake to use the Website according to the purposes described in the T&Cs, to not to use the Website in any other way than it is intended and to not attempt to divert Users to another service.
ARTICLE 3 – WEBSITE TERMS OF ACCESS
3.1. To access the Website, the User must have the hardware and software required to use the internet. To access the Website on a computer, tablet, mobile phone (hereinafter referred to as the “ Device "), the User must have appropriate high-speed internet access, a broadband or data subscription allowing access to the internet from a computer/tablet/compatible mobile phone such as: a smartphone (IOS, Android), WAP connection, Wi-Fi and/or 3G/4G.
The User acknowledges that the conditions of the contract with their internet/mobile operator will continue to apply when using the Website. The User alone will assume all costs that may be claimed by the operator related to accessing internet connection services, Wi-Fi, WAP and/or 3G/4G, for to use the Website.
When using the Website, the User agrees not to interfere with the proper functioning of the Website, servers, networks and/or modify, adapt, hack the Website and/or modify an application or a third-party website to create confusion as to the link with the Website.
The User is aware of the constraints and limits of internet and telecommunications networks and therefore undertakes to:
• protect their Device against any form of virus, attempted intrusion, unauthorised access and/or use by third parties;
• ensure the conditions of installation, operation and maintenance of their Device necessary for the proper functioning of the Website.
3. 2. THE OBLIGATIONS OF THE USERS
By using the Website, Users agree not to:
• use the Website and Services to engage in politics, propaganda or proselytism;
• use the Website in any other way than its intended purpose;
• carry out illegal activities, in particular, infringing copyright on photographs, images, texts, videos, etc.;
• advertise or incite other Users to use any other service, whether it is a competitor or not;
• in any way whatsoever undermine the functioning of the Website;
• violate intellectual property laws;
• violate applicable laws and regulations.
Users are prohibited from:
• downloading, sending, emailing or spreading in any other way any content that is illegal, harmful, threatening, abusive, constituting harassment, defamatory, vulgar, obscene, threatening to the privacy of others, hateful, racist, or otherwise objectionable;
• consulting, displaying, downloading, transmitting any content which would be contrary to the laws in force of the country in which the Website is consulted and in particular as regards intellectual property;
• attempting to mislead other Users by assuming the name or corporate name of other people and more particularly by pretending to be an employee or an affiliate of PFA and KLORANE LABORATORIES, a moderator, a guide or a host;
• downloading, displaying, emailing or spreading in any other way any content including computer viruses or any other code, file, or programme designed to interrupt, destroy or limit the functionality of any computer software or telecommunications tool (this list is by no means exhaustive);
• downloading, displaying, emailing or spreading in any other way any content violating any patent, trademark, manufacturing secrets, intellectual property rights or other copyrights (hereafter collectively referred to as “the rights”) of third parties;
• disrupting the normal flow of dialogue, speeding up the pace of the scrolling of the screen so that Users are unable to follow and type their dialogue or commit any action having a similar disruptive effect hindering the ability of Users to communicate in real-time;
• interfering with or disrupting the Service, servers, networks connected to the Service or refusing to comply with the required conditions, procedures, general rules or regulatory provisions applicable to the networks connected to the Service;
• harassing in any way another or several other Users;
• collecting and storing personal data and identifying data, related to other users.
KLORANE LABORATORIES, or any person or entity designated by KLORANE LABORATORIES will be entitled to delete or remove any content that violates the terms of these conditions and/or regulations in force and/or any content that is reprehensible in any other way.
Users also recognise that they must exercise good judgement and bear all the associated risks, in their use of the Service, of the Website.
ARTICLE 4 – INFORMATION CONTAINED ON THE WEBSITE
4.1. Information on products and services
Unless otherwise stipulated, the products and services presented on the Website are a general presentation of the KLORANE LABORATORIES product range. This information is given for informational and non-contractual purposes only.
4.2. Use of the advice provided on the Website
Information is made available to users of the Website. Such provision shall not affect the transfer of any right of ownership attached to the information. Users are only granted a license to consult and use this information, on a non-exclusive basis and for their private use. As such, Users are prohibited from copying or reproducing all or part of the information, by any means whatsoever and on any existing or future medium, and from translating the information into any other language and from adapting the information.
KLORANE LABORATORIES cannot be held responsible for the consequences, direct or indirect, and/or any damage caused as a result of the information being defective or hacked. In addition, KLORANE LABORATORIES obligation concerns the means, not the outcome with regard to the information and advice that will be delivered to Users.
Finally, KLORANE LABORATORIES does not provide any explicit or implied guarantee and accepts no liability for the use of this information, or advice. These are provided for informational purposes only.
For any additional information and/or concerns, you can write to the following address:
By email: contact.klorane@pierre-fabre.com By post: Pierre Fabre Australia, PO Box 6493, North Sydney, NSW 2059
ARTICLE 5 – PUBLICATION OF USER ONLINE REVIEWS AND RATINGS
The Website allows Users to identify themselves and use the online rating and review service to publish assessments or reviews (hereinafter referred to as “ Ratings/Reviews ”) on KLORANE LABORATORIES products. Employees of KLORANE LABORATORIES/PFA or one of its subsidiaries are prohibited from submitting Ratings/Reviews on the Website.
Every User is responsible for their Rating/Review. KLORANE LABORATORIES cannot be held responsible regarding any person whatsoever for the Ratings/Reviews left by a User.
5.1. Conditions for submitting Rating(s)/Review(s)
By posting a Rating or Review on the Website, Users declare and guarantee:
• that his/her Rating(s)/Review(s) comply(/ies) with the T&Cs and comply comply(/ies) with the legal and regulatory provisions in force;
• that they are the authors of the Rating(s)/Review(s), that they do not impersonate another person, and that they do not use a false email address or mislead in error the origin of their Rating(s)/Review(s);
• that his/her Rating(s)/Review(s) is/are his/her original work and do(es) not infringe the intellectual property rights of third parties;
• that all published content is accurate and precise.
Users further declare and guarantee that they will not submit any content:
• likely to identify them (Users do not use their full name but only their first name or a “pseudonym”);
• containing information (including prices) on KLORANE LABORATORIES competitors or their products (including other manufacturers and/or distributors and/or suppliers of cosmetic products and related to hair beauty/health);
• unrelated to the evaluation of the KLORANE LABORATORIES products presented on the Website;
• for which they receive compensation from a third party in any form whatsoever;
• likely to be considered an advertisement or promotional material or any other form of publicity;
• containing reference information to other websites, URL addresses, email addresses, contact information or telephone numbers;
• containing a computer virus, or any other potentially disruptive or damaging computer program or file, or instructions on how to create such a virus, program or file.
• that is defamatory, threatening, abusive, abusive, malicious, inciting violence or hatred, vulgar, indecent, invasive of privacy or image rights or inappropriate in any way;
• that would consist of obtaining or providing diagnoses or advice relating to medical, psychological, legal, financial, etc. problems.
5.2. Control, publication and modification of Ratings and Reviews
KLORANE LABORATORIES reserves the right to refuse to publish any Rating(s)/Review(s) considered, at its sole discretion, to be in breach of the conditions set forth in Article I.
In addition, KLORANE LABORATORIES reserves the right not to publish:
• duplicate content;
• reviews written in a language other than that of the Website;
• any content that is unintelligible (in particular content with random characters and word chains).
• Published Ratings/Reviews
The Ratings/Reviews published after moderation will be visible on the Website for a period of three (3) years. At the end of this period, Ratings/Reviews are stored by KLORANE LABORATORIES for a period of three (3) years.
Ratings/Reviews submitted by the User will not be altered.
5.3. Intellectual property
Intellectual property For any Rating(s)/Review(s) that Users submit on the Website, Users hereby grant PFA and its affiliates and KLORANE LABORATORIES a free, irrevocable, non-exclusive worldwide license, and for a period of three (3) years from the publication of the Rating/Review, to reproduce, represent, use, copy, modify, adapt, translate, create derivative works, integrate into other works, distribute this/these Rating(s)/Review(s) (in whole or in part), and otherwise exploit and/or embed such content in any other medium, media or technology.
The Users hereby acknowledge that PFA, as well as its affiliates and KLORANE LABORATORIES, may translate and publish their Rating(s)/Review(s) on their current and future social media pages (without any such list being exhaustive: Facebook, Instagram, Twitter, Pinterest, Snapchat etc.) and any foreign version of its Website, including partner/distributor websites.
Users are hereby informed that such publication may include their name (or pseudonyms as recommended above) used to publish their Rating(s)/Review(s). The Users hereby accept that their Rating(s)/Review(s) may be used in association with the KLORANE LABORATORIES brand and the associated logos of the KLORANE LABORATORIES brand, and under the conditions provided for in this paragraph.
5.4. Contact
For any question(s) or comments concerning KLORANE LABORATORIES products or their use, Users can contact KLORANE LABORATORIES at the following address: contact.klorane@pierre-fabre.com
KLORANE LABORATORIES reserves the right to communicate your opinion to its customer service department if it considers it appropriate.
ARTICLE 6 – GUARANTEES AND RESPONSIBILITIES
6.1 Responsibility
Use of the Website is the sole and entire responsibility of Users. Users undertake to use the Website in accordance with its intended purpose.
KLORANE LABORATORIES guarantees the peaceful enjoyment of the Website to Users and in particular guarantees that the Website does not infringe any intellectual property right held by a third party and that it is original. KLORANE LABORATORIES guarantees that the Website complies with current French legal provisions and applicable industry standards for websites.
Users undertake not to either voluntarily or even involuntarily introduce viruses, bugs or files of any kind whatsoever disturbing the functioning of the Website in such a case they would assume sole responsibility for them.
In the spirit of respect for all, KLORANE LABORATORIES may take legal action against dishonest Users.
The User declares and guarantees that he/she is fully aware of the characteristics and constraints of the internet, and in particular that the transmission of data and information on the internet only benefit from relative technical reliability, these circulating on heterogeneous networks with various characteristics and technical capacities, which disrupt access or make it impossible at certain times.
KLORANE LABORATORIES cannot be held responsible for any damage arising from connection to the Website or use of the Website by a User.
KLORANE LABORATORIES cannot be held responsible for errors, omissions, viruses or results that may be obtained by misuse of the Services, information and the Website. KLORANE LABORATORIES is only bound by a simple obligation of means.
KLORANE LABORATORIES, managers or employees of KLORANE LABORATORIES/PFA will not be held responsible:
- For any damage resulting from connection, access to or use of the Website;
- Damage resulting directly or indirectly from consulting the Website or from using the Services available on it;
- Direct or indirect damage resulting from using the Website, and in particular any operating, financial or commercial loss or loss of the Website or of data in any information system, even if KLORANE LABORATORIES is aware of the possibility of such damage.
Under no circumstances shall KLORANE LABORATORIES be held liable for loss of information/Services or damage related to this Service. Any information or Service provided by the Website, cannot be interpreted as any sort of guarantee.
Subject to the applicable legal or regulatory provisions, KLORANE LABORATORIES cannot be held liable for any damage, in particular but not limited to, loss of profits, customers, data, intangible property that may occur as a result of the use or the inability to use the Website, and more generally any event related to the Website and/or any third-party site.
6.2. Website updates or downtime
KLORANE LABORATORIES endeavours to maintain access to the Website 7 days a week and 24 hours a day, but is under no obligation to do so. KLORANE LABORATORIES can therefore interrupt access, especially for reasons of maintenance and upgrading. KLORANE LABORATORIES is in no way responsible for any of these interruptions and the consequences which may result for the User or any third party.
KLORANE LABORATORIES reserves the right to modify or delete the Website without notice, and without any liability whatsoever. The deletion or modification of the Website cannot justify in any way for Users a particular compensation, or the allocation of damages and interests.
6.3. Guarantees
Users acknowledge and expressly accept that:
• using the Website and the Service is carried out at their own risk. The Service is provided on the basis of an “as is” service and is accessible according to its availability, KLORANE LABORATORIES does not provide any express or implicit guarantee relating to the quality and the compatibility of the Service for a specific use, and non-violation of the rules for using the Service by its Users (this list is not exhaustive).
•KLORANE LABORATORIES does not guarantee that the Website and/or the Services will meet their expectations; that it/they will be uninterrupted, expedient, secure or devoid of any error; that the results that can be obtained by using the services will be accurate and reliable; that the quality of all the Services, information or any other material obtained by them on the Service will meet their expectations; that defects in the software used, if any, will be corrected.
• Any material downloaded or obtained in any other way while using the Service is at their own risk. Users will be solely responsible for any damage to their computer or any loss of data resulting from the downloading of this material.
ARTICLE 7 – INTELLECTUAL PROPERTY
Unless otherwise provided herein, all of the elements appearing on the Website (including, in particular, text, data, databases, graphics, logos, brands, names, animations, images, videos, sounds, software and all other elements) (hereinafter the “ Elements ”) are the exclusive property of PFA and KLORANE LABORATORIES and/or third parties that have granted a license, and falls under French and international copyright law and, more broadly, intellectual property.
These Elements are protected by copyright, copyrights, trademarks, patents, database rights, trade secrets and/or all other intellectual property rights.
All rights of reproduction, representation and public communication are reserved, including visual, photographic, iconographic or other representations. Reproduction of all or part of the Website on any electronic medium whatsoever is strictly prohibited without the express authorisation of the Publishing Director.
The brands and logos used on the Website have been registered, their reproduction would constitute an infringement. All rights of use are reserved. In accordance with Article L.122-4 of the intellectual property code, any representation or reproduction not expressly authorised, in whole or in part, and by any means whatsoever, would be illegal and would constitute an infringement punishable by Articles L. 335-2. and following the Intellectual Property Code.
The User is not authorised to sell, copy, rent, market, transfer, assign, or otherwise sub-grant, modify, adapt the Website, merge it in whole or part into another software, translate it, decompile it, disassemble, or create any software, or any functions derived from the Website without the express written permission of the Publishing Director.
KLORANE LABORATORIES grants the User a free, non-exclusive, non-transferable, personal license limited to his/her private use, to access, use and view the Website and its Elements. This right is granted exclusively for personal, private and non-commercial use, and subject to keeping all notices relating to reproduction and intellectual property rights relating thereto. As such, the User is prohibited from copying and/or reproducing all or parts of the Elements by any means and on any existing or future medium to translate the Elements into any other language and adapt the Elements.
Any other use of the Elements is strictly prohibited and constitutes a breach of the provisions of the Intellectual Property Code.
ARTICLE 8 – PERSONAL DATA
For more information on the PERSONAL DATA PROTECTION POLICY on the Website, KLORANE LABORATORIES invites Users to consult the following notices: https://www.klorane.com/au-en/privacy-policy
ARTICLE 9 – HYPERLINKS
The User is informed that KLORANE LABORATORIES may provide links to websites and/or applications belonging, or not, to the Pierre Fabre Group. These websites and/or applications are independent of the Website.
KLORANE LABORATORIES does not edit or control the sources and content of these websites or their links to other websites and/or applications.
The links to these websites and/or applications do not in any way constitute approval, validation or adhesion of KLORANE LABORATORIES to the content of these websites and/or applications and, even more so to the use that could be made of them.
Consequently, KLORANE LABORATORIES cannot be held responsible for the content, products, services, advertising, cookies or other elements of these websites as well as for any damage or loss, proven or alleged, consecutive or related to the use of this information, services or data available on these websites and/or applications.
Hyperlinks can only be created with the prior written authorisation of KLORANE LABORATORIES. All authorisation requests must be sent to the following address: contact.klorane@pierre-fabre.com
ARTICLE 10 – COOKIES POLICY
For more information on the use of cookies on the Website, KLORANE LABORATORIES invites Users to consult the Cookies Table accessible at: https://www.klorane.com/au-en/privacy-policy
ARTICLE 11 – NON-WAIVER AND PARTIAL NULLITY
If one of the provisions of the T&Cs is null and void by a change in legislation, regulations or by a court decision, this shall in no way affect the validity and compliance with the other provisions of the T&Cs.
If one of the Parties does not prevail on any one of the provisions of the T&Cs, they may not claim to rely on the same provision later on.
ARTICLE 12 – VARIOUS PROVISIONS
To the extent that a provision of the T&Cs would lose its validity or if it were to contain a gap, the provision in question would be replaced by the one closest to it most from the point of view of legal interpretation.
Users declare and acknowledge having read the T&Cs and the use of the Website constitutes on the part of the Users a total and unconditional acceptance of all the T&Cs.
For any questions concerning the T&Cs, or any question or remark about the Website or its User Account, Users can write to the following address: contact.klorane@pierre-fabre.com.
ARTICLE 13 – CHANGES TO THE T&Cs
The T&Cs may be modified at any time by KLORANE LABORATORIES. Users will be notified of these modifications. Any use of the Website after notification of a modification will constitute acceptance of the T&Cs. The applicable T&Cs will then be those in force on the Website on the date of its use by a User. If the User disagrees with the changes to the T&Cs, the User agrees not to access the Website.
In the event of a translation of the T&Cs, only the French version is valid and applicable.
ARTICLE 14 – APPLICABLE LAW AND RELEVANT COURTS
The T&C are governed by the law of the state of New South Wales. Any dispute arising shall be governed exclusively by the laws of the state of New South Wales and the laws of the Commonwealth of Australia applicable therein, without giving effect to their conflict of laws principles. You expressly consent to the exclusive jurisdiction of the courts the state of New South Wales, or such other judicial district or jurisdiction as KLORANE may determine in all actions relating hereto. These provisions and any rules, policies or guidelines posted on this Application by KLORANE constitute the entire agreement between KLORANE and you with respect to the subject matter hereof. The parties have agreed that these terms and conditions and all related documents shall be drawn up in the English language. If mediation fails, the dispute shall be brought before the relevant court of the state of New South Wales.