Effective as of October 19, 2023
Thank you for accessing www.elfcosmetics.co.uk (the “Website”) and/or our e.l.f. mobile application (the “App”).
The Website and the App are owned and operated by e.l.f. Cosmetics, Inc. (“e.l.f. US” or “we”). e.l.f. US’s headquarters are located at 570 10th Street, Oakland, CA 94607 USA.
Please note that all orders and purchases made on the Website or the App will also be governed by the Purchase and Sale Terms. Please note that any purchase made on the Website or the App will be with e.l.f. Beauty UK Ltd., a company incorporated in England and Wales with company number 13023979 and a wholly owned subsidiary of e.l.f. US (“e.l.f. UK” and together with e.l.f. US, e.l.f. Beauty, Inc. and its and their controlled affiliates, the “e.l.f. Group”).
e.l.f. US and e.l.f. UK produce cosmetic and skin care products and tools. The Website and the App is mainly intended for the online sale of our products in the United Kingdom.
USE OF THE WEBSITES OR THE APPS
You may use the Website and the App only for lawful purposes and you may not use them in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the Website or the App. You may not:
duplicate, decompile, reverse engineer, disassemble or decode the Website or the App (including any underlying idea or algorithm), or attempt to do any of the same;
use, reproduce or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed on or through the Website or the App;
access or use the Website or the App in any manner that could disable, overburden, damage, disrupt or impair the Website or the App or interfere with any other party’s access to or use of the Website or the App or use any device, software or routine that causes the same;
attempt to gain unauthorized access to, interfere with, damage or disrupt the Website or the App, accounts registered to other users, or the computer systems or networks connected to the Website or the App;
circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Website or the App;
misuse or tamper with the Website or the App (e.g., hack, introduce viruses, trojans, worms, logic bombs or other technologically harmful material or carry out denial of service attacks etc.);
use the Website or the App in any way that breaches any applicable local, national, or international law or regulation;
use the Website or the App in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
use the Website or the App for the purpose of harming or attempting to harm minors in any way;
submit, transmit, display, perform, post or store any content that is inaccurate, unlawful, defamatory, obscene, lewd, lascivious, filthy, excessively violent, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, harmful, hateful, cruel or insensitive, deceptive, or otherwise objectionable, use the Website or the App for illegal, harassing, bullying, unethical or disruptive purposes, or otherwise use the Website or the App in a manner that is obscene, lewd, lascivious, filthy, excessively violent, harassing, harmful, hateful, cruel or insensitive, deceptive, threatening, abusive, inflammatory, pornographic, inciting, organizing, promoting or facilitating violence or criminal or harmful activities, defamatory, obscene or otherwise objectionable;
use any robot, spider, crawlers, or other automatic device, process, software, or queries that intercepts, “mines,” scrapes, or otherwise accesses the Website or the App to monitor, extract, copy, or collect information or data from or through the Website or the App, or engage in any manual process to do the same; or
exploit the Website or the App for any commercial purpose, including without limitation using the Website or the App to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).
AVAILABILITY OF THE WEBSITES AND THE APPS; ACCESSING THE WEBSITES AND THE APPS
You are responsible for making all arrangements necessary for you to have access to the Website and the App. In order to fully access the Website or the App, you will need a computer, tablet, mobile phone or other device that can connect to the Internet with the minimum system requirements to operate a web browser.
Although we aim to offer you the best service possible, the Website, the App, or any content on them may not always be available or remain uninterrupted. Please note that we may suspend or withdraw or restrict the availability of all or any part of the Website or the App for business and operational reasons without notice (e.g., for repairs, maintenance and/or updates). We will attempt to restore the service as soon as we reasonably can. Except where required by applicable law, we will not be liable to you if for any reason the Website or the App is unavailable at any time or for any period.
We use reasonable efforts to ensure that the Website and the App are free from viruses and other malicious or harmful content. However, we cannot guarantee that your use of the Website and the App (including any content thereon) will not cause damage to your computer or other device. You should use your own virus protection software. Except where required by applicable law, we are not liable to any person for any loss or damage they suffer as a result of viruses or other malicious or harmful content that they access from or via the Website and the App.
CREATING AND SAFEGUARDING YOUR ACCOUNT
To use certain parts of the Website and the App, you may need to create an account (“Account”). You agree to provide us with accurate, complete, and updated information for your Account. You can access, edit, and update your Account by logging in at the applicable account login page. You are solely responsible for any activity on your Account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your Account. You must immediately notify us using the information in the “Contact Us” section if you know or have any reason to suspect that your Account or password have been stolen, misappropriated, or otherwise compromised, or in case of any actual or suspected unauthorized use of your Account.
USER GENERATED CONTENT
You agree that the e.l.f. Group may use your comments, reviews, feedback, suggestions, or questions, and any other submissions disclosed, submitted, or offered by you on or through the Website or the App (collectively, “Submissions”) without compensation, acknowledgement, or payment to you, for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products and services and creating, modifying, or improving the Website, App, or other products or services. When you make a Submission (other than your personal data which is subject to our Privacy Notice), you grant each member of the e.l.f. Group a perpetual, worldwide, non-exclusive, royalty-free, transferrable license to use reproduce, distribute, prepare derivative works, and display the Submission in connection with the e.l.f. Group’s business, including in order to promote the e.l.f. Group’s websites or our business. You also grant each member of the e.l.f. Group the right to sub-license your content to affiliates of the e.l.f. Group or third parties on the same terms granted by you to the e.l.f. Group.
By posting or submitting Submissions through the Website or the App, you represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power, and/or authority necessary to grant the rights granted herein for your Submissions. You agree that your Submissions will not contain material subject to copyright or other proprietary rights, unless you have the necessary permission or are otherwise legally entitled to post the material and to grant each member of the e.l.f. Group the license described in the preceding paragraph.
Submissions should not include:
abusive, offensive, or otherwise inappropriate language;
profanity, blasphemy, spiteful, racist, sexually explicit, sexually gratuitous, or discriminatory comments or content that might be considered to be harassment, abuse, or threats against the personal safety or property of others;
comments about other reviewers or bloggers;
remarks that repeat criminal accusations, false, defamatory, or misleading statements;
material which impersonates others or personal information about anyone, including yourself, such as phone numbers, postal addresses, or credit card numbers;
spam or advertising; or
HTML code, computer script, or website URLs.
Each member of the e.l.f. Group (and its licensees), in each’s absolute discretion, reserve the right to not publish any Submission or remove it, take any appropriate action if deemed necessary, or remove reviews which do not comply with the provisions above.
There is no compensation (monetary or otherwise) provided in exchange for your Submissions.
Please note that the views expressed in Submissions are the opinions of those users and do not represent views, opinions, beliefs, or values of the e.l.f. Group or the views, opinions, beliefs, or values of any of the e.l.f. Group’s companies or affiliates.
VIRTUAL MAKEUP TRY-ON TOOL
The Virtual Makeup Try-On Tool uses a photo or live camera feed to show a simulation of how a product may look on the user in the image. The Company does not collect, keep, or disclose the photo, image, and/or video feed, or any data associated with them in connection with the Virtual Makeup Try-On Tool. In addition, the Company does not collect, keep, or disclose any biometric information or biometric data in connection with the Virtual Makeup Try-On Tool.
By using the Virtual Makeup Try-On Tool and/or any other applications, programs, or technologies that use your camera and/or device, you consent to the use of your camera and/or device to permit the tool to take or use your image and overlay a portion or region of the face in the image with an image of the selected cosmetic product.
Please note that the Virtual Makeup Try-On Tool may not be available on the Website or the App depending on the location in which you reside.
By using the Website or the App, you agree that the e.l.f. Group may send you operational messages. You consent to receiving operational electronic communications and notices from the e.l.f. Group. You agree that any notice, agreement, disclosure, or other communications that the e.l.f. Group sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Any marketing messages the e.l.f. Group sends to you will be sent in accordance with our Privacy Notice and, if available in the jurisdiction which you live, with respect to text/SMS messages, the Text Message Terms and Conditions. You have the right to opt out of receiving marketing messages at any time. Please see our Privacy Notice (and, with respect to text/SMS messages, the Text Message Terms and Conditions) for more information regarding opting out of receiving marketing messages.
INTELLECTUAL PROPERTY RIGHTS
e.l.f. US is the owner or the licensee of all intellectual property rights in the Website and the App, and in the material published on them (the “Material”). The Material is protected by copyright laws and treaties around the world. ALL RIGHTS RESERVED.
The e.l.f. Group does not grant any implied right to you or any other person and do not transfer or assign any ownership or intellectual property interest or title in or to the Website or the App (including the Material) (or any part thereof) to you or anyone else. Accordingly, your unauthorized use of the Website or the App (including any Material) may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes and may result in criminal or civil penalties.
You may not alter, delete, or conceal any copyright or other notices contained on the Website, App, or any Materials, including notices on any audio/visual material you access, download, transmit, display, print, or reproduce from the Website or the App.
You may not, nor will you allow any third party (whether or not for your benefit), to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast, or circulate to any third party (including, without limitation, on or via a third-party website), or otherwise use, any Material without our express prior written consent.
DIGITAL MILLENNIUM COPYRIGHT ACT
We respect the intellectual property rights of others and require that the people who use the Website, App, and the e.l.f. Group’s products do the same. We may terminate the privileges of users who are repeat infringers of intellectual property rights. If you are a copyright owner and believe that any content posted on the Website or the App infringes upon your copyrights, please provide our designated copyright agent the following written information in accordance with the Digital Millennium Copyright Act (the “DMCA”):
a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the copyrighted work claimed to have been infringed;
identification of the material that is claimed to be infringing and information reasonably sufficient to permit location of the material;
information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our DMCA designated copyright agent for notice of claims of copyright infringement on the Website or the App is our General Counsel, Scott K. Milsten, who can be reached as follows:
e.l.f. Cosmetics, Inc.
570 10th Street
Oakland, CA 94607
Attn: Legal Department
The Website, App, and Materials are provided for general information only. They are 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 on the Website or the App.
Although we make reasonable efforts to update the information on the Website and the App, we make no representations, warranties, or guarantees, whether express or implied, that the Website, App, or Materials are accurate, complete, or up-to-date. Please note that while we have tried to accurately display the colors and other features of our products, the colors and other features you see will depend on your monitor/screen, and the actual colors and features may vary. Further, we try to keep the Website and the App available, bug-free, and safe, but you use them at your own risk, and we do not guarantee that the Website or the App will always be available, safe, secure, or error-free, or that the Website or the App will always function without disruptions, delays, or imperfections.
Without limiting the foregoing, the Website, App, and their content are provided “as is” and “as available” without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, accuracy, non-infringement, or warranties that may rise from course of dealing or course of performance or usage of trade.
Applicable law in some locations does not allow the waiver of implied warranties set forth above, so this provision may not apply to you.
No advice or information, whether oral or written, obtained from us or through the Website or the App, will create any warranty or representation not expressly made herein. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
LIMITATION OF LIABILITY
Applicable law in some locations does not allow the limitation of liability of certain damages set forth above, including the provisions of this section that limit or exclude special, exemplary, consequential, or punitive damages, or limit or exclude the use of any multiplier on or increase to damages, and limit the liability of any of the e.l.f. Group Parties, to the greater of either £100 or the amount paid by you for any products purchased through the Website or the App. These limitations or exclusions may not apply to you. The provisions of this section do not apply to the extent, and only to the extent, not permitted by applicable law.
In no event shall the E.l.f. Group Parties be DEEMED IN DEFAULT OR OTHERWISE liable to any Member for any delay in or failure to perform due to causes beyond their control, including, without limitation, any act of God, act of war, FIRE, EARTHQUAKE, BLIZZARD, FLOOD, DANGER TO PUBLIC HEALTH OR SAFETY, ACCIDENT, EXPLOSION, CASUALTY, STRIKE, LOCKOUT, LABOR CONTROVERSY, RIOT, CIVIL DISTURBANCE, ACT OF PUBLIC ENEMY, EMBARGO, WAR, LAW, ORDINANCE, REGULATION, LEGAL ORDER (UNLESS CAUSED BY the E.l.f. Group Parties’ DEFAULT THEREUNDER), FAILURE OR DELAY OF ANY TRANSPORTATION, POWER, OR COMMUNICATION SYSTEM, natural disaster, terrorism, pandemic or epidemic, or any act or omission of a third party.
LINKS TO OTHER WEBSITES; LINKS TO THE WEBSITES OR THE APPS
The Website or the App may include links to third-party websites. These links are provided for your information only. We do not control and are not responsible for the content or privacy policies of any linked website, and the inclusion of any link on the Website or the App does not imply our endorsement or approval of it. We are not responsible for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party websites.
You may link to the Website or the App, as long as you do so in a way that is non-commercial, is fair and legal, and doesn’t damage or take advantage of our reputation. You may not link in a way that suggests any form of approval or endorsement by us where none exists. The Website and the App may not be framed on any other website without our permission.
We reserve the right to withdraw linking permission without notice.
Except where prohibited by applicable law, by using the Website or the App or our product or services, you irrevocably agree that courts located in London, England shall have exclusive jurisdiction to settle any Dispute arising out of or in connection with these Purchase Terms or its subject matter or formation; except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, or if you are a resident of Scotland, you also may bring proceedings in Scotland.
You agree that you will not export or re-export, directly or indirectly, the Website, App, and/or other content, tools, features, functionality, information, or materials provided by the Company hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, the foregoing may not be exported or re-exported to any Prohibited Person or Prohibited Country. You are responsible for and hereby agree to comply at your sole expense with all applicable export laws and regulations.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope of such section.
e.l.f. Cosmetics / e.l.f. SKIN
Phone: (212) 239-1530
Weekdays 9:30am-5:30pm ET
Writing: e.l.f. Cosmetics, Inc.
570 10th Street
Oakland, CA 94607
ATTN: Legal Department