1. Personal Data
Materials such as pictures, photos, graphics, logos, videos, films, audio files and text (the “material”) are used on the website www.nivea.ie (the “website”). The material is the property of Beiersdorf UK, Trinity Business Park, Birmingham, B37 7ES, United Kingdom, Tel: +44 (0)121 329 8800 (“Beiersdorf”), Beiersdorf is the owner or the licensee of all intellectual property rights and and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. Any use of the material beyond purely private purposes shall require Beiersdorf’s prior written consent. The same shall apply to any alteration of the material, in particular translation or any other form of processing, and to any passing on of the material.
Beiersdorf may update and change this website from time to time to reflect changes to Beiersdorf's products, users' needs and Beiersdorf's business priorities. Beiersdorf will try to give the user reasonable notice of any major changes. This website is directed to people residing in the United Kingdom and Ireland. Beiersdorf does not represent that content available on or through this website is appropriate for use or available in other locations. Where this website contains links to other sites and resources provided by third parties, these links are provided for the user's information only. Such links should not be interpreted as approval by Beiersdorf of those linked websites or information the user may obtain from them.
Beiersdorf has no control over the contents of those sites or resources.
Should the user download material or use it in any other form, this is done at the user’s own risk. Beiersdorf shall not be liable for any losses to the user arising in this regard, in particular where this concerns data, hardware or software. Liability for intent and gross negligence shall not be affected by this. Beiersdorf shall not accept any liability for any infringement upon the rights of third parties.
The information on this website has been compiled and checked with all due care. Beiersdorf does not, however, accept any liability for it being accurate, up to date and complete. This website serves the purpose of providing general information and does not in any way replace medical or specialist advice.Whether the user is a consumer or a business user:
· Beiersdorf does not exclude or limit in any way Beiersdorf's liability to the user where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of Beiersdorf's employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
The content on this 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, any action on the basis of the content on our site.
Although Beiersdorf makes reasonable efforts to update the information on our site, Beiersdorf makes no representations, warranties or guarantees, whether express or implied, that the content on the website is accurate, complete or up-to-date and it does not in any way constitute medical or specialist advice.
If the user is a business user:
· Beiersdorf excludes all implied conditions, warranties, representations or other terms which may apply to this website or any content on it.
· Beiersdorf will not be liable to users for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
• use of, or inability to use, our site; or
• use of or reliance on any content displayed on or downloaded from the website.
· In particular, Beiersdorf will not be liable for:
• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.
· Beiersdorf will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect the user's computer equipment, computer programs, data or other proprietary material due to the user's use of the website or to the user's downloading of any content on it, or on any website linked to it.
If the user is a consumer user:
· Please note that we only provide our site for domestic and private use. You agree not to use our site 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.
· If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. [However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us].
Registered users have the opportunity to rate the contents of the website with regard to products, workflows or other aspects. Should a user give a rating, he or she grants Beiersdorf the right to use the rating anywhere and for an unlimited period of time. Beiersdorf may publish and distribute the rating to an unlimited extent, i.e. in all forms of use and media, both online and offline. In addition, Beiersdorf shall be entitled to shorten the rating. Should the user give his or her name when giving the rating, Beiersdorf shall be entitled, but not obliged, to specify the user’s name when publishing the rating.
Upon submitting a rating and/or a commentary, the user also agrees that he or she will not knowingly give an inaccurate rating, nor give any rating (a) that violates the copyright or any other rights of third parties; (b) that violates any statute, regulation or common law; (c) that is defamatory, libellous, insulting or discriminatory with regard to any individual or company; (d) for which he or she has received a payment or other consideration from any third party; (e) that contains information with regard to other websites, addresses, e-mail addresses, contact information or telephone numbers; or (e) that contains any computer viruses, worms or other potentially damaging computer programs or files. Beiersdorf reserves the right to delete any ratings with illegal content, in particular discriminatory ratings, ratings promoting violence, ratings which contain pornographic or racist content, or ratings containing chain letters, bulk mailings or other forms of spam, and the user agrees not to publish such content on the website. By submitting a rating on the website, the user grants Beiersdorf an irrevocable, non-exclusive, perpetual, royalty-free, fully sub-licensable, worldwide licence to use, reproduce, display, publish, adapt and distribute such content on the website and to prepare derivative works of, or incorporate into other works, such content in any form.
5. Legal Consequences
The user must not misuse this website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. The user must not attempt to gain unauthorised access to this website, the server on which this website is stored or any server, computer or database connected to this website. The user must not attack this website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, the user would commit a criminal offence under the Computer Misuse Act 1990 or, in the Republic of Ireland, the Criminal Damage Act 1991 and/or the Criminal Justice (Theft & Fraud Offences) Act 2001. Beiersdorf will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing the user's identity to them. In the event of such a breach, the user's right to use this website will cease immediately.
Invalidity or nullity of individual provisions contained in these this terms and conditions of use shall not affect the validity of the remaining terms and conditions of use.
Due to technical innovations and legal amendments, these terms and conditions of use are revised from time to time, most recently in April 2015. If you wish to notify us of any infringements of rights on our website, please do not hesitate to contact us at Beiersdorf UK, Trinity Business Park, Birmingham, B37 7ES, United Kingdom, Tel: +44 (0)121 329 8800.