TERMS & CONDITIONS

TERMS OF USE UK

Welcome to http://www.tigiprofessional.com (the Website”). The Website is provided for your information and entertainment, and we hope you enjoy using it. Using the Website indicates that you accept these terms (the “Terms”) regardless of whether or not you choose to register with us. If you do not accept these Terms, do not use the Website. Please note that the Terms are updated from time to time and it is your responsibility to review these Terms regularly.

1. INTRODUCTION

1.1

The Website is owned by Tigi International Limited (the “Company”). The Company is registered in England and Wales (company number: 3231415) (VAT number: 3231415) and its registered office is at Tigi House, Bentinck Road, West Drayton, Middlesex UB7 7RQ (telephone number: 0844-844-0944, e-mail: info@tigi.co.uk).

1.2

Your use, whether personal or on behalf of a company, of the Website and any applications, software, data, products, competitions, prize draws, and any other services provided to you on, or from, or through the Website by the Company (collectively called the “Services”), is subject to the terms of a legal agreement between you and the Company. This legal agreement is made up of these Terms, including applicable additional terms, if any, together with the Privacy Policy

1.3

You may access most areas of the Website without registering your details. Certain areas of the Website are only open to you if you register.

1.4

By accessing any part of the Website you shall be deemed to have accepted these Terms in full. If you do not accept these Terms in full, you must leave the Website immediately.

1.5

The Company shall have the right, at its sole discretion to modify, add or remove any terms or conditions of these Terms without notice or liability to you. You should check the Website regularly to review the current Terms since they are binding on you. Any changes to these Terms shall be effective immediately following the posting of any such changes on the Website. Please review these Terms regularly to ensure that you are aware of any changes made by the Company. Your continued use of the Website after changes have been posted means you agree to be legally bound by the Terms as updated and amended.

2. OWNERSHIP AND RESTRICTIONS

2.1

The Website, its design and content including all text, still and motion video, audio and audio visual material, code and/or software (the “Material”) are owned by the Company. You agree not to modify, copy, upload, post, reproduce, broadcast, modify, adapt, transmit, republish, sell, resell, exploit, create derivative works or distribute in any way any portion of the Website or the Material.

2.2

The content on the Website may be used by you only for your personal use as provided in these Terms, but may not be taken out of context or presented in a misleading or discriminatory manner.

2.3

You are granted a personal, limited, non-transferable, non-exclusive licence to access the Website and use the Website and the Material, provided that you do not, and do not allow any third party, to modify or create a derivative work, reverse engineer or otherwise attempt to discover any source code or software available on the Website. The grant of this limited licence is conditional upon your agreement to and compliance with all these Terms. The Company may revoke this licence at any time and in their absolute discretion.

2.4

If you download any Material from the Website, the Material, (including any images or files included in or generated by the Material and data accompanying the Material) is subject to the limited licence (set out in paragraph 2.2 above).

2.5

The Company owns or has a valid right to use all copyrights, trade marks, service marks, logos and intellectual property rights for Material on the Website, unless otherwise stated. Nothing shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any trade mark, patent, registered design, design right, copyright or other intellectual property right of the Website.

3. WEBSITE ACCESS

3.1

Access to the Website is permitted on a temporary basis, and the Company reserves the right in its sole discretion to modify or discontinue the Website or specific portions of it without notice to you. While the Company endeavours to ensure that the Website is normally available 24 hours a day, the Company shall not be liable if for any reason the Website is unavailable at any time or for any period.

3.2

Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company’s control.

3.3

Subject to applicable law, we reserve the right to suspend or terminate access to the Website without notice for failure to comply with the Terms, for infringing copyright or any other intellectual property right, or for any other reason (including repeat minor offences). The decision to terminate an individual’s access to the Website shall be final and binding.

4. VISITOR MATERIAL AND CONDUCT

4.1 SUBMITTING CONTENT

Certain portions of the Website may invite or enable you to post, upload, embed, display or otherwise communicate text, messages, photos, videos, sound recordings, music (including lyrics), graphics, drawings, suggestions, ideas (including product and advertising ideas), your and/or other persons’ names, likenesses, voices, usernames, performances and other information, materials or content owned or created by you (collectively, “User Submissions”).

4.2

The Company will consider User Submissions as non-confidential and non-proprietary and shall be under no obligation to maintain the confidentiality of any information contained in your User Submission.

4.3 RIGHTS TO SUBMIT CONTENT

You warrant and represent that you have (and will continue to have during your use of the Website) all necessary rights, licenses, consents and permissions which are required to enable the Company and/or content providers to use your User Submissions for the purposes envisaged by the Website and these Terms.

4.4

You further warrant and represent that you have the consent, release, and/or permission of each and every identifiable individual in your User Submissions to use his or her name, username or likeness in the manner contemplated by the Website and the products, Services or other materials on or available from the Website.

4.5 NATURE OF CONTENT SUBMITTED

In connection with User Submissions, you agree and warrant that:

  1. you will not submit any User Submission that is subject to any right of a third party including, without limitation:

    1. copyright, patent, trade mark, trade secret, or other proprietary or contractual right;

    2. right of privacy or publicity; or

    3. confidential information

    unless you are the owner of such rights or have permission from the rightful owner(s) to submit the User Submission and to grant the rights herein;

  2. neither the User Submissions, nor the use of the User Submissions as permitted in these Terms, will infringe upon or violate the rights of any person or entity or any applicable laws;

  3. you will not submit User Submissions that are unlawful for you to possess in the country in which you are resident, or which it would be unlawful for the Company to use or possess in connection with the provision of the Website or the Services; and

  4. you will not submit a User Submission that:

    1. is illegal or encourages or condones illegal acts or the discussion of illegal acts with the intent to commit them, including but not limited to drug dealing, drug abuse, child pornography, physical or sexual assault, stalking, theft, fraud or conspiracy to commit a criminal act;

    2. is defamatory, threatening, abusive, harassing or an invasion of privacy;

    3. is discriminatory or prejudicial based upon race, colour, religion, gender, sexual orientation, age, disability or otherwise;

    4. is obscene, pornographic or otherwise sexually explicit;

    5. is dangerous, irresponsible or antisocial or encourages or condones dangerous, irresponsible or antisocial behaviour;

    6. contains a virus, spyware or other harmful component, or otherwise impairs, interrupts or damages the Website, the Services or any connected network, or otherwise interferes with a person’s use or enjoyment of the same; or

    7. contains any advertisement, solicitation, chain letter, pyramid scheme, investment opportunity or other unsolicited commercial communication.

4.6

You understand and agree that you are solely responsible for your own User Submissions and the consequences of your posting or publishing them.

4.7

By uploading User Submissions you understand that they may be available to the public and you agree not to assert in any part of the world any claim for invasion of privacy, breach of your rights under applicable data protection laws or appropriation of your right of publicity arising from or out of the Company’s use of your User Submissions in accordance with these Terms.

4.8 THE COMPANY AND YOUR SUBMISSIONS

  1. The Company has no obligation to use your User Submission in any way and the Company shall not be obliged to give reasons for rejecting your User Submission or to identify the Company activities that relate to your User Submission in any way.

  2. The Company has no obligation to compensate you for any use of your User Submission as envisaged by the Website and these Terms.

  3. The Company may use your name to attribute your User Submission to you (although we shall not be obliged to do so).

  4. In addition, you understand and agree that when using the Website, you may be exposed to User Submissions posted and/or submitted by other users. The Company is not in any manner responsible for User Submissions, and the Company does not guarantee the accuracy, integrity, quality or intellectual property rights of, or relating to, such User Submissions. In addition, the Company cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Submissions will not appear on the Website.

  5. Without limiting the generality of the foregoing, you acknowledge and agree that the information, materials and opinions expressed or included in any User Submissions are not necessarily those of the Company or its affiliated or related entities or content providers and the Company expressly disclaims any and all liability in connection with any User Submission. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Company with respect to any User Submissions.

  6. By uploading User Submissions you understand that they may be available to the public and you agree not to assert in any part of the world any claim for invasion of privacy, breach of your rights under applicable data protection laws or appropriation of your right of publicity arising from or out of the Company’s use of your User Submissions in accordance with these Terms.

  7. Without prejudice to our other rights under these Terms or at law, the Company reserves the right in its absolute discretion and without prior notice to refuse to post, exclude or remove any User Submission from the Website that violates the Terms and/or any other applicable policies.

  8. The Company will fully cooperate with any law enforcement authorities, court order or subpoena requesting or directing the Company to disclose the identity of anyone posting User Submissions. To the extent we can do so by law, we reserve the right to identify any user to third parties and/or disclose any User Submission or personal data to any third party claiming that a User Submission infringes their intellectual property rights or their right to privacy. We may also disclose such information if we believe in good faith that such disclosure is reasonably necessary to protect the rights, property, or personal safety of the Company, its customers or the public.

  9. Although the Company is under no obligation to review or monitor User Submissions, the Company reserves the absolute right to do so in its sole discretion. In addition, the Company reserves the right at all times to alter, edit, refuse to post or remove any User Submissions from the Website, in whole or in part, for any reason or for no reason and without prior notice if it chooses to do so. You agree that the Company does not have any obligation to use or respond to any User Submission.

4.9 OWNERSHIP OF USER SUBMISSIONS

You shall retain all of your ownership rights in your User Submissions, but you are required to grant limited rights to the Company and other users of the Website.

4.10

In return for using the Website and the Services, you grant the Company a non-exclusive, irrevocable, worldwide, royalty-free transferable licence (with full right to sub-licence) to use your User Submissions for any purpose whatsoever (to the extent permitted by law) in perpetuity and free of charge. The licence shall include, without limitation, the right to reproduce, copy, edit, adapt, make derivative works, combine with other works, make available, synchronise, display, publicly perform, transmit, broadcast, publish, distribute, sub-license and delete your User Submissions. Without prejudice to the foregoing, if you hold a patent in your User Submission, the Company acknowledges that these Terms shall not grant the Company any licence under any such patent.

4.11

You acknowledge and agree that if the Company edits, modifies or makes a derivative work from your User Submission, or combines your User Submission with other works, any rights in such modifications or derivative works shall be owned exclusively by the Company.

4.12

If your User Submission includes an idea or suggestion, you acknowledge that the Company, its affiliated or related entities, or a third party acting on its/their behalf may have previously worked on or may be working on the same or a similar idea. By submitting your idea, you agree that we may continue to develop the idea (or a similar idea) independently of, and without acknowledging, your idea.

4.13

You hereby irrevocably and unconditionally release and forever discharge the Company and its affiliated or related entities from any and all actions, causes of actions, claims, damages, liabilities and demands, whether absolute or contingent, and of any nature whatsoever, which you may have or may in the future have against the Company and its affiliated or related entities with respect to your User Submission, including how the Company and its affiliated or related entities use your User Submission.

4.14 LICENCE TO OTHER USERS OF THE WEBSITE

You also grant to each user of the Website, a non-exclusive, worldwide, royalty-free licence to access your User Submissions through the Website free of charge, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions to the extent permitted by the functionality of the Website and as envisaged by these Terms.

5. LINKS TO AND FROM OTHER WEBSITES

5.1

Links to third party websites on the Website are provided solely for your convenience and enjoyment. If you use these links, you leave the Website. The Company has not reviewed all of these third party websites and does not control and is not responsible or liable for these websites or their content or availability. As a result, the Company does not endorse, approve, sponsor or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk. The Company is not liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of such content, information, products, goods or services available on or through any such linked websites.

5.2

Please note that we are not responsible for the terms of use or data collection practices of any other websites and we encourage you to read the privacy statements and terms of use of those linked websites.

5.3

You agree not to link the Website from any third party sites unless the Company has provided its prior written and express consent to do so.

6. REGISTRATION

6.1

Each registration is for a single user only. The Company does not permit you to share your username and password with any other person nor with multiple users on a network. Responsibility for the security of any usernames and passwords issued rests with you.

6.2

If you lose your password, or believe that someone else has access to your password, you must inform the Company immediately by sending an email to cs@tigihaircare.com. The Company will issue you with a new password.

6.3

When you register on the Website, you warrant that all the details you supply, including without limitation, your name and e-mail address are accurate, genuine and complete, that you are authorised to use the e-mail address that you provide, that you are not impersonating another person, and that you are at least sixteen (16) years old. You agree to keep your information up to date. If you are below the age of sixteen (16), please obtain the permission of your parent or guardian before using the Website. The Company has no intention of collecting any personal information from children below the age of 16 without parental consent. Parents are encouraged to review their children’s e-mail and Internet activities to ensure that the Website is being used in accordance with these Terms.

6.4

The Company takes your privacy seriously and will use and protect any personal information you provide on the Website in accordance with our Privacy Policy. Please read the Company’s Privacy Policy for details about what information the Company collects and how the Company will use and protect it.

7. DISCLAIMER

7.1

While the Company endeavours to ensure that the information on the Website is correct, the Company does not warrant the accuracy and completeness of the material on the Website. The Company may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and the Company makes no commitment to update such material.

7.2

The material on the Website and any material made available through the Website is provided “as is”, without any conditions, warranties or other terms of any kind, express or implied. Accordingly, to the maximum extent permitted by law, the Company provides you with the Website on the basis that the Company excludes all representations, warranties, conditions and other terms, including, without limitation, the conditions implied by law of merchantability, satisfactory quality, fitness for purpose, non-infringement and the use of reasonable care and skill which, but for these terms, might have effect in relation to the Website.

7.3

The Company endeavours to maintain the Website and its operation, but is not, and cannot be, responsible for the results of any defects that may exist in the Website or its operation. As to the operation of the Website, the Company expressly disclaims all conditions, warranties or other terms of any kind, whether express or implied, including, but not limited to all implied warranties of merchantability or fitness for a particular purpose and non-infringement. The Company makes no warranty that (i) the operation of the Website will meet the user’s requirements; (ii) access to the Website will be uninterrupted, timely, secure, free of viruses, worms, trojan horses or other harmful components, or free of defects or errors; (iii) the results that may be obtained from the use of the Website will be accurate or reliable; or (iv) defects will be corrected.

8. LIABILITY

8.1

The Company, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of the Company’s group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or any kind of loss or damage that may result to you or a third party in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website (including without limitation, any direct loss or damages of income, profits, goodwill, data, contracts, business opportunity, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise and any indirect, special, incidental, punitive or consequential loss or damages). The Company shall not be liable even if the Company or an authorized representative of the Company has been advised of the possibility of such damages. These include but are not limited to damages or injury caused by error, omission, interruption, defect, failure of performance, loss or corruption of data, delay in operation or transmission, line failure or computer virus, worm, Trojan horse or other harmful component.

8.2

Nothing in these terms shall exclude or limit the Company’s liability for:

  1. death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or

  2. fraud; or

  3. any liability which cannot be excluded or limited under applicable law.

8.3

You assume all costs if your use of the Website results in the need for servicing, repair or correction of equipment, software or data.

8.4

The Company does not warrant that functions contained in the Website content will be uninterrupted or error free, that defects will be corrected or that the Website’s server is free of viruses, worms, trojan horses or bugs. You (and not the Company) assume the entire cost of all servicing, repair, or correction that may be necessary for your computer equipment and software as a result of any viruses, harmful components, errors or any other problems whatsoever you may have as a result of visiting the Website.

9. INDEMNIFICATION

You hereby agree to defend, indemnify and hold the Company and the Company’s group companies and each of their respective agents, licensees, successors and assigns, harmless from and against any and all claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses, including reasonable legal fees, relating to or arising out of your use of the Website and/or any breach or alleged breach of any of your warranties, representations or agreements hereunder.

10. SEVERANCE

If any of these Terms shall be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms and the remaining Terms shall survive, remain in full force and effect and continue to be binding and enforceable.

11. NO WAIVER

No failure on the part of the Company to enforce any part of these Terms shall constitute a waiver of any of the Company’s rights under these Terms whether for past or future actions on the part of any person. Neither the receipt of any funds by the Company nor the reliance of any person on Company’s actions shall be deemed to constitute a waiver of any part of these Terms. Only a specific, written waiver signed by an authorized representative of the Company shall have any legal effect whatsoever.

12. GOVERNING LAW AND JURISDICTION

These Terms and any disputes arising under or related to these Terms (whether in contract, tort (including negligence), statute or otherwise) will be governed by, construed and enforced in accordance with the laws of England, without reference to its conflicts of law principles. Any legal actions, suits or proceedings arising out of these Terms (whether in contract, tort (including negligence), statute or otherwise) will be brought exclusively in English courts, and you hereby accept and submit to the personal jurisdiction of these courts with respect to any legal actions, suits or proceedings arising out of these Terms.