Terms & Conditions
PLEASE READ THE FOLLOWING CAREFULLY AS IT AFFECTS THE USER’S LEGAL RIGHTS.
Last updated [June, 20th, 2023]
This Terms and Conditions (hereinafter – “Terms”), along with [Streamline Brands Group Ltd] (hereinafter – “Company”) Privacy Policy, govern your use of the Website.
For this Terms:
(i) “Company”, “we”, “our”, and “us” means the company that is an owner of this Website. The name of the company: [Streamline Brands Group Ltd, 118, Gordon Road, London, SE15 3RP].
(ii) “Officers” means Company’s officers, directors, employees, consultants, affiliates, subsidiaries, and agents.
(iii) “Products” means an eCommerce store that sells our own brand of beauty and cosmetics products in the United Kingdom, including personal care products and skincare products. Purchases are made through our eCommerce website, hosted on the third-party Shopify platform.
(v) “User”, “you”, and “your” means any individual or legal entity who is buying our Products or visiting our Website.
(vi) “Website” means an eCommerce platform with a domain address: choosebiobalance.com, which has our Products for sale.
- ELIGIBILITY
By agreeing to this Terms, you represent and warrant to us:
(i) that your age is at least eighteen (18) years old; all users under this age must obtain parental consent to use the Website and buy Products;
(ii) that you have not previously been suspended on the broken of the Website;
(iii) that your use of the Website complies with applicable laws and regulations.
- LICENCE GRANT TO THE COMPANY
2.1. By providing information (hereinafter – “Files”) through the Website or other electronic communications, you approve our processing of your Files.
2.1.1. These Files can be automatically downloaded from your end by the Website with Cookies (regulations of Cookies described in the Company's Privacy Policy).
2.2. The Company guarantees that all Files will be used only for data processing purposes by the Website, and any third party will not have any access to your Files without your additional permission.
- TERMINATION OF USE, DISCONTINUATION AND MODIFICATION/UPGRADING OF THE WEBSITE
3.1. The Company has the right to modify/upgrade or discontinue the Website at any time (including, without limitation, by limiting or deleting some items of the Products) without notice to you.
3.2. The Company has no liability whatsoever for any change to the Website, the Products or any suspension or termination of your access to or use of the Website.
3.3. The Company has the right to restrict your access to the Website immediately without previous notice if any violations from you will be detected by the Company or related third parties. In this case, you do not have the right to refund your funds.
3.4. The Company has the right to restrict your access to the Website immediately without previous notice if any unapproved software modifications are detected from your side.
- THIRD-PARTY’S LINKS
4.1. The Website may contain links to third-party web sources. Such linked websites are not under our control, and we are not responsible for their content.
4.2. The Company has the right to cooperate with third parties and provide your personal data to third parties without your written permission if you used/clocked the third party’s link on the Website.
- OWNERSHIP; PROPRIETARY RIGHTS OF THE COMPANY
5.1. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements or files of the Company, materials of the Website (hereinafter – “the Materials”) provided by the Company are protected by all relevant intellectual property and proprietary rights and applicable laws.
5.2. All Materials on the Website are the property of the Company.
5.3. If the Website contains any materials, interfaces, logos, designs, products, or something else that is not the intellectual property of the Company and the Company doesn’t have licenses for using it, the licensor has the right to request to delete its intellectual property from the Website according to the procedures defined in the Digital Millennium Copyright Act (hereinafter – “DMCA”) and/or Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC (hereinafter – “EUCD”).
5.4. The Company doesn’t claim to be the owners or representatives of the trademarks, brands and intellectual properties of other sides and remains the property of the original copyright owners.
5.5. Except as expressly authorised by the Company in writing, you may not use the Materials.
5.6. The Company reserves all rights to the Materials not granted expressly in this Terms.
- PROHIBITED USES
6.1. As a condition of your use of the Website, you will not use the Website for any purpose that is unlawful or prohibited by this Terms. You may not use the Website in any manner that could damage, disable, overburden, disrupt or impair any of the Company’s servers or APIs, any networks connected to any of the Company’s servers or APIs, or that could interfere with any other party's use and enjoyment of the Company.
6.2. You may not transmit any viruses, worms, defects, trojan horses, or any items of a destructive nature using the Website.
6.3. You may not exceed or circumvent, or try to exceed or circumvent, limitations on the Website, including on any API calls, or otherwise use the Website in a manner that violates any of the Company’s documentation or user manuals.
6.4. You and/or any other third parties may not attempt to gain unauthorised access to any websites, other accounts, computer systems, or networks connected to the Company’s servers through hacking or password mining, or any other means.
6.5. You and/or any other third parties may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website.
6.6. You and/or any other third parties may not use the Website in any way that violates any applicable state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United Kingdom, the European Union, the USA, or other countries and intellectual property rights according to the DMCA and EUCD.
- INDEMNITY
You agree to be responsible for using the Website, and you agree to defend, indemnify, and hold harmless the Company and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents (hereinafter collectively, “the Officers”) from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with:
(i) your access to, use of, or alleged use of the Website;
(ii) your violation of this Terms or any representation, warranty, or agreements referenced herein or any applicable law or regulation;
(iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or
(iv) any disputes or issues between you and any third party. The Company reserves the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations concerning such matter), and in such case, you agree to cooperate with our defence of the such claim.
- DISCLAIMERS, NO WARRANTIES
8.1. The Website is made available to you on an “as is” and “as available” basis, with the express understanding that the Company has no obligation to monitor, control, or vet the content or data appearing on the Website.
8.2. You use the Website at your discretion and risk and take full responsibility for your and/or end-user vehicle.
8.3. The Company makes no claims or promises about the quality, accuracy, or reliability of the Website and expressly disclaims all warranties, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
8.4. The Company doesn’t offer and provide any physical products or property.
- LIMITATION OF LIABILITY
9.1. In any case, the Company will not be liable to you or any third party for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or relating to your access to or use of, or your inability to access or use, the Website or any materials or the Products in the Website, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, whether or not the Company has been informed about of the possibility of such damage.
9.2. The Company, in any case, is not responsible for services provided to you by the third party who advertised on the Website.
9.3. All risks related to your information, account, or accounts on other sources if you shared your data are not a part of the Company’s responsibility.
9.4. You accept responsibility for using the Website and the Company’s Services.
- GOVERNING LAW
This Terms will be governed by the laws of the United Kingdom without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and the Company agree to submit to the personal and exclusive jurisdiction of the United Kingdom state courts to litigate all such disputes.
- CHANGES TO THIS TERMS
11.1. The Company reserves the right to make modifications to this Terms at any time. Revised versions of this Terms will be posted on the Website. Unless otherwise specified, any modifications to the Terms will take effect the day they are posted on the Website.
12.1.1. The Company is not obliged to inform you about changes in this Terms.
12.2. If you disagree with the revised Terms, your sole and exclusive remedy will be discontinuing your use of the Website.
- PURCHASES
12.1. All Company Products payments are processed via the Shopify platform.
12.2. The Company has the right to start campaigns with promo codes for product sales, holiday sales campaigns and other discount events.
- REFUND AND TERMINATION OF LICENSE
13.1. Refund is eligible within 14 (fourteen) days from the moment of accepting the Product (s).
13.2. You can get a refund and return or change the Products according to the Online Selling legislation in the United Kingdom.
- GENERAL
14.1. This Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and the Company regarding your use of and access to the Website.
14.2. Use of section headers in this Terms is for convenience only and will not impact the interpretation of provisions.
14.3. You have no rights to assign or transfer this Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent.
14.4. The Company can assign this Terms at any time without notice.
14.5. The failure to require performance of any provision will not affect the Company’s right to require performance at any time thereafter, nor will a waiver of any breach or default of this Terms or any provision of this Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
14.6. If any part of this Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
14.7. You acknowledge that the Website is not intended to be technology protection measures that will help you to comply with the GDPR and CCPA.
- COMMUNICATION AND NOTIFICATIONS
15.1. The entire communication with the Company is electronic. Every time you send us an email or visit our Website and use our Website, you will communicate with the Company.
15.2. You hereby consent to receive communications from the Company.
15.3. If you subscribe to the news on the Website, you will receive regular emails from the Company.
15.4. We will continue to communicate with you by providing notifications through the Website or posting news on our social media. Links to our official social media you can find on our Website.
15.5. You also agree that all notices, disclosures, agreements, and other communications we provide electronically meet the legal requirements that such communications be in writing.
15.6. You agree to receive any notifications through the Website on your device.
15.7. Through the Website, you can contact us to receive Help Desk Support on the Website.
16. MARKETS TERMS
The Company grants you a not-limited, non-exclusive, non-transferable, non-sublicensable license to use the Website on your device that you own or control. The Company reserves all rights in and to the Website not expressly granted to you under this Terms. Except as expressly permitted in this Terms, you may not: (i) copy, modify or create derivative works based on the Website; (ii) distribute, transfer, sublicense, lease, lend or rent your account on the Website to any third party; (iii) reverse engineer, decompile or disassemble the Website; or (iv) make the functionality of the Website available to multiple users through any means.
17. OTHER CONDITIONS
17.1. If there is a conflict between this Terms and additional terms applicable to a given Website, the additional special terms will control that conflict.
17.2. If you do not agree to this Terms, you must not access or use the Website.
17.3. The Company provides the services to you, which are subject to the conditions stated in this Terms. Every time you visit/use the Website using its Service and the Software, you follow all these conditions and rules.