Terms & Conditions
Terms of Use
1. INTRODUCTION
1.1 Welcome to Phenomenal (the “Website”). The Website is operated by FTT Skin Clinics Hamilton LTD, a private limited company registered in Scotland under company number SC403282 with its registered office at 25 Bothwell Road, Hamilton, Lanarkshire, Scotland, ML3 0AS. (“Company”, ”We”, ”Us” or “Ours”) in this document refers to the aforementioned company, while any person using the Website, whether browsing or purchasing Products or Services shall be described as (“You”, “Your” or “User”).
1.2 Detailed below are the Website Terms of Use which apply to your interactions with Us, through and on our Website.
1.3 By using the Website, using the materials contained within the Website or otherwise made available in connection with the Website, placing an order for Products on the Website, or as a Supplier you are agreeing to be bound by these Website Terms of Use, Privacy and Cookie Policy and our Terms and Conditions as available on Our Website.
1.4 When We use the term, ’Website Terms of Use’ that includes all documents referred to on this page and any other policies or terms referred herein or therein and any updates, amendments, or revisions thereto.
1.5 These Website Terms of Use may be modified from time to time to reflect changes to our Services, Products supplied or changes in the law but, should this happen, they will be posted on the Website.
1.6 Your continued use of the Website following the posting of the revised terms and conditions means that you expressly accept and agree to the changes.
1.7 If You don’t wish to be bound by these Website Terms of Use, then You are not authorised to use the Website, to use the Services or to buy any Products from it and must promptly leave the Website.
2. HOW WE WILL COMMUNICATE WITH YOU
2.1 Unless We inform You otherwise, all communication and notices You give us must be sent to hello@be-phenomenal.co.uk unless otherwise specified in any other contract terms.
2.2 We may give notice to You by posting it on the Website or at any address (email or postal) You provide to Us. Notice will be deemed received and properly served immediately when posted on the Website, 24 hours after an email is sent to Your email address, or three days after the date of posting of any letter.
2.3 When using the Website, You accept that communication with Us will be mainly electronic. We will generally contact You by e-mail or provide You with information by posting notices on the Website. By using the Website, You agree to this means of communication and you acknowledge that all Contracts, notices, information and other communications that We provide to You electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory legal rights.
3. OUR LIABILITY TO YOU AND YOUR LIABILITY TO FTT SKIN CLINICS HAMILTON LTD
3.1 This Section 3 explicitly sets forth Your liability to Us and Our’s to You with respect to the use of the Website, Services provided via the Website or made available to You in connection with the Website (“Associated Services”), and the Products, supplied through the Website this includes any documents which contain other terms as referred to in these Website Terms of Use. Other Contract terms may also apply to Clients and Suppliers and are provided on those contract documents.
3.2 You expressly acknowledge and agree that to the extent permitted by law, Your use of our Website; Associated Services and Products is at your sole risk, and all Products and Services are provided on an “as is” and “as available” basis, with all its faults.
3.3 Any content accessed through our Website or made available to You in connection with the Website is accessed at your own risk, and You shall be solely responsible for any damage to Your device, or any device You use to access Our website, or any other loss that results from accessing such content.
3.4 We expressly disclaim all warranties, representations, and conditions of any kind, whether express or implied, arising from Your use of the Website. You acknowledge and agree that the Company, its officers, employees, subcontractors, agents or Vendors hold no liability for You, and You agree not to seek to hold any such persons liable, for the conduct of third parties on the Website, including any external sites, and that any and all risk of injury from such third parties rests entirely with You.
3.5 These Terms do not affect your statutory rights as a consumer and nothing in these Website Terms of Use limits or excludes our liability for: (a) death or personal injury caused by Our negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that may not be excluded or limited under applicable law.
4. INDEMNITY
4.1 You agree to defend, indemnify and hold the Company and its, affiliates and business partners harmless from and against any and all claims, demands, liabilities damages and losses including, without limitation, reasonable legal’ fees, resulting from or arising out of (a) Your use of the Website, use of Associated Services or purchase of Products; or (b) Your breach of these Website Terms of Use or any other policies that the Company may issue for the Website and its business from time to time.
4.2 If We fail to comply with these Website Terms of Use, We are only responsible for loss or damage You suffer that is reasonably foreseeable and a direct result of Our breaking these Website Terms of Use or Our failing to use reasonable care and skill. We will not be responsible for any losses You suffer as a result of Us breaching these Website Terms of Use that were not reasonably foreseeable to both You and Us when You commenced using the Website, using the Associated Services or the sale of Products by Us to You was formed. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both We and You knew it might happen, for example, if You discussed it with Us during the consultation process. The limit of Our liability is the sum paid by You for the Product or Service to which the liability arises from.
4.3 To the fullest extent permissible by applicable laws, We are not responsible for indirect losses (including consequential damages) which happen as a side effect of the main loss or damage and even if such losses result from a deliberate breach of these Website Terms of Use by Us that would entitle You to terminate the Contract between Us.
4.4 If You use Our Services and/or Products for any commercial, business or resale purpose We will have no liability to You for any loss of profit, loss of business, business interruption or loss of business opportunity.
5. OTHER TERMS
TRANSACTIONS CONCLUDED THROUGH THE WEBSITE
5.1 Contracts for the sale of Services and/or Products formed through the Website are governed by our Terms and Conditions (including our Terms of Manufacture and Supply) or other terms and Conditions of Sale in use at the time the relevant contract is entered into.
5.2 All such contracts are binding on You and Us (and any supplier) and on Our respective successors and assigns. We may transfer, assign, charge, sub-contract or otherwise dispose (“Transfer”) of any contract, or any of Our rights or obligations arising under it, at any time during the term of the contract.
6. ENTIRE AGREEMENT
6.1 These Website Terms of Use including the documents and all additions terms in the documents referred to herein (in each case, as amended from time to time) constitute the entire agreement between Us and You, and separately You and any Supplier in relation to use of the Website, Associated Services and/or any of the Products to You and supersede all previous agreements in respect of the same.
7. WAIVER
7.1 If We fail, at any time during the term of any Contract between You and Us to insist upon strict performance of any of Your obligations under that Contract or any of these Terms and Conditions, or if We fail to exercise any of the rights or remedies to which We are entitled under the Contract or these Website Terms of Use or any other contracts referred to, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with any such obligations.
7.2 No waiver by Us of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to You in writing. A waiver by Us of any default shall not constitute a waiver of any other default.
8. WEBSITE CONTENT
8.1 Unless We state otherwise, all content published on the Website or made available to You in connection with the Website (including but not limited to all information; data; products; images, photographs, audio, video, artworks, graphics and materials; services; software and databases; tools; designs; text; text, video and audio chat conversations and exchanges; Contributions; and Copyright Material) is presented solely for commercial use. While We do always try to ensure that the Website and information made available to You in connection with the Website is accurate and up to date, We make no representations, warranties or guarantees, whether express or implied, that such content is accurate, complete or up to date. We cannot accept any liability or responsibility for any loss which may arise from reliance on such content, whether it is Our material or material posted by a third party (e.g. reviews, testimonials and comments).
We have the right to change or take down the Website and anything on it without notice and without liability to You or any third party. Continued use of the Website shall be deemed Your acceptance of such changes.
When using the Website on Your mobile, laptop or desktop device (“Device”), you acknowledge and agree that You are responsible for (i) maintaining continuous internet access for Your Device (ii) any internet connection and telecommunications fees and charges that You incur. The Company is not responsible for the operation of Your Device. You are responsible for ensuring the system functions of Your Device are in working order when accessing the Website, including, but not limited to screen display operation features of Your Device.
9. PERSONAL INFORMATION
9.1 We process information about You in accordance with our Privacy Policy. By using the Website, You understand that Your personal information will be processed as described in our Privacy Policy and warrant that all data provided by You is accurate.
10. CONTENT
10.1 All material which is contributed to the Website or its connected social media accounts, including reviews, feedback, stories, testimonials, Instagram posts (where You respond with the required hashtag), and images (“Contribution”), if any, is subject to Our Acceptable Use Policy as part of these Website Terms of Use.
10.2 The Company does not verify or endorse and takes no responsibility for any contribution or any content or communications made available through the Website via any function which allows a User to publicly post or share content.
11. USER GENERATED CONTENT
11.1 This Website may include information and materials uploaded by other Users of the Website. This information and these materials have not been verified or approved by Us.
11.2 The views expressed by other Users on Our Website do not represent Our views or values.
11.3 If You wish to complain about content uploaded by other Users, please contact Us at hello@be-phenomenal.co.uk
12. ACCESS TO THE WEBSITE
12.1 The Website is not directed toward children under 16 years of age, and the Company does not knowingly collect information from children under 16 or allow them to create an account or access account features. For any purchases made from outside the UK, these terms apply, all and any liability shall be governed by these terms and the law and jurisdiction of Scotland.
12.2 If You are under 16, please do not submit any personal information about yourself to the Company.
12.3 None of the Products, Services or content on the Website are offered to anyone in any country or jurisdiction where providing them may be prohibited by law. By using the Website, using our Services or purchasing our Products, You represent to Us that You are legally entitled to use the Website and its Products, Services, and content. We rely on this representation in order to provide You with access to, and use of, the Website and its content.
13. USING THE WEBSITE
13.1 The Website is provided on an ‘as is’ and ‘as available’ basis and may contain technical inaccuracies or typographical errors. We give no warranties, whether express or implied, in relation to the Website, any third-party content accessed on or through the Website, any content made available to You in connection with the Website (including but not limited to via video, text or audio chat), or any transaction that may be conducted on or through the Website, including any warranties of: (a) non-infringement, security or accuracy; (b) that Your use of the Website will be uninterrupted, error or defect free; or (c) that the Website or the server that makes it available to You are free of viruses or bugs or that any defect or downtime will be fixed promptly or at all. Note that if the need arises, We may suspend access to the Website or close it, or any part of it, indefinitely and without further notice to You or any third party.
13.2 This Website and any content is provided for general information only. Commentary and other materials posted on the Website or made available to You in connection with the Website (including but not limited to via video, text or audio chat) are not intended to constitute advice upon which any reliance should be placed. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on Our Website or content made available to you in connection with our Website.
13.2 This Website and any content is provided for general information only. Commentary and other materials posted on the Website or made available to You in connection with the Website (including but not limited to via video, text or audio chat) are not intended to constitute advice upon which any reliance should be placed. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on Our Website or content made available to you in connection with our Website.
13.3 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the Website and is compatible with the Website. 13.4 Please be aware that We cannot and do not guarantee or warrant that any material available for downloading from the Website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy Your particular requirements for the accuracy of data input and output.
13.4 We may suspend, withdraw or restrict the availability of all or any part of our Website for business and operational reasons. We will try to give You reasonable notice of any suspension or withdrawal.
14. INTELLECTUAL PROPERTY
14.1 We are the owner of the Phenomenal brand name, logo, trade mark and get-up. Unless We expressly state otherwise, all intellectual property rights in the Website, including all copyrights, images, software, designs, text, sound, logos, artwork, look and feel of the Website, devices, branding, trademarks, product selection, articles, arrangement, product names, and other content included in or supplied as part of the Website and coordination of such content on the Website (together defined as “Copyright Material”), is owned by Us and/or any Supplier and are protected by copyright laws and treaties around the world. All such rights are reserved by Us and/or any Vendor.
15. COPYRIGHT
15.1 You are permitted to access, store, print and use the Our Copyright Material on the Website for your own personal and non-commercial use and for placing orders for Products with Us. However, you may not modify, copy, reproduce, publish, manipulate, upload, distribute, transfer or sell, by any means, any material or information on or downloaded from the Website or Copyright Material without Our prior written permission.
15.2 Our status (and that of any identified contributors) as the authors of the Copyright Material must always be acknowledged.
15.3 For the avoidance of doubt, You must not use any part of the Copyright Materials for commercial purposes without obtaining a license to do so from Us or Our licensors.
15.4 You shall not modify, translate, reverse engineer, decompile, disassemble, or hack the Website or create derivative works based on any software or accompanying documentation supplied by the Company or its third-party licensors.
15.5 You agree not to remove or destroy any copyright, trademark, service mark, or other proprietary rights notices or markings contained on or in the Website.
15.6 Any unauthorised use of the Website is strictly prohibited and may constitute a breach of Our or Our licensors’ intellectual property rights. The Website may incorporate third-party content and We may be unable to grant permission for You to use any such third-party content. Please contact the appropriate third party for permission to use their content.
16. USER CONTRIBUTION
16.1 Your intellectual property rights in any Contribution of Yours are subject to our Acceptable Use Policy.
17. ACCOUNT
17.1 We reserve the right to grant permission for users to create an account that will allow purchases from the Website for businesses only.
17.2 If You open an account with Us, You must ensure that the details You give Us are correct and complete. You are required to keep Your details up to date at all times.
17.3 If You are given a username or password as part of Our security procedures, You must treat such information as confidential and You must not disclose it to anyone else.
17.4 Accounts may not be shared. You accept responsibility for all activities that occur under Your account or password.
17.5 You should inform Us immediately if You believe that Your password has been compromised or if there has been any other breach of security regarding the Website that comes to Your attention.
17.6 We have the right to suspend Your account or to disable any username or password at any time if We believe You have failed to comply with these Website Terms of Use, or any of Our other Terms and Conditions, for security and maintenance reasons.
18. THIRD-PARTY LINKS
18.1 Where We may provide links to other websites or resources, these links are provided for Your information only and You access them at Your sole discretion.
18.2 We do not recommend, endorse, or accept any responsibility for the content of external websites or resources which We link to, or which may link to the Website. Remember, You are solely responsible for complying with the terms of any linked site, and You will be subject to their policies and practices (including data protection and privacy).
19. WEBSITE MISUSE
19.1 You must not attempt to interfere with the proper working of the Website or otherwise attempt to obstruct or interfere with any other person’s or entity’s use of the Website – for example, by attempting to circumvent security or tamper with or disrupt any computer or Internet device.
19.2 You agree that You will not use the Website for any other unlawful, prohibited, abnormal or unusual activity as determined by the Company in its sole discretion.
19.3 You agree that You will not (a) obtain or attempt to obtain any information from the Website including, without limitation, email addresses or mobile phone numbers of other account holders or other data; (b) intercept, examine or otherwise observe any proprietary communications protocol used by the Website, whether through the use of a network analyser, packet sniffer or other device; or (c) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan horse, trap door, time bomb or any other codes, instructions or third party software that is designed to provide a means of surreptitious or unauthorised access to, or distort, delete, damage or disassemble, any aspect of the Website.
19.4 Anyone misusing the Website in this way may be committing a criminal offence and We reserve the right to report this to the relevant law enforcement authorities and to co-operate with those authorities by disclosing the relevant User’s identity to them. In addition, We reserve the right to seek damages and costs (including legal fees) from any such User to the fullest extent permitted by law.
20. TERMINATION
20.1 If We believe that a breach of this policy has occurred, We may, at our discretion, take any action We consider appropriate, including immediate temporary or permanent withdrawal of Your right to use the Website, suspension or cancellation of Your account and immediate removal of any Contribution, and/or legal proceedings.
21. COMPLIANCE WITH LAW
21.1 Depending upon where You are located when using or visiting the Website, You are responsible for compliance with all applicable laws. If use of the Website, Products, Services, or content offered through the Website is contrary to any applicable law in Your jurisdiction, You are not authorised to view or use the Website and You must exit immediately.
22. ACCEPTABLE USE POLICY
22.1 PROHIBITED USES
You may only use the Website for lawful purposes.
You may not use the Website:
• In any way that breaches any law or regulation.
• In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
• For the purpose of harming or attempting to harm children or minors in any way.
• To send, upload, download, knowingly receive, or use any material which does not comply with Our content standards.
• To transmit, or procure the transmission of, any unsolicited or unauthorised advertising or promotional material or similar (e.g. spam).
22.2 CONTENT STANDARDS
The standards listed hereunder apply to all and part of any Contribution You may make. You acknowledge that the Company has the right to pre-screen Your contribution but has no obligation to do so. Please note that We reserve the right not to publish any particular contribution on the Website or to remove any contribution at Our sole discretion.
Contributions must:
• Be accurate
• Where they state opinions, be genuinely held
• Comply with all applicable laws
Contributions must not:
• Contain anything defamatory, obscene, offensive, hateful, threatening, harmful to minors, or inflammatory
• Contain or promote sexually explicit material or violence
• Be used for deception, or to mislead as to Your identity or affiliations
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
• Infringe anyone else’s copyright, trademark, or other intellectual property rights
• Promote or suggest anything unlawful, including copyright infringement or computer misuse
• Be made in breach of any legal duty, including a contractual duty or duty of confidence
• Promote any illegal activity
• Invade another’s privacy
• Be likely to harass, upset, embarrass, alarm, or annoy another person
• Give the impression that they come from Us or any other third party when they do not.
22.3 OWNERSHIP OF YOUR CONTRIBUTION
By making a contribution:
• You grant the Company a perpetual, irrevocable, non-terminable, transferable, worldwide, royalty-free, sublicensable, fully paid-up, non-exclusive and transferable licence to use, reproduce, distribute, prepare derivative works of, display, modify, copy and perform the Contribution or any part of the Contribution in connection with the Website and the Company (and its successors’ and affiliates’) business, including without limitation for advertising, promoting and redistributing part or all of the Website, Products and packaging (and derivative works thereof) in any and all media formats and through any and all media channels. You also hereby grant each user of the Website a non-exclusive license to access your contribution through the Website while the contribution is made available through the Website. You hereby represent, warrant and covenant that any Contribution You provide does not include anything (including, but not limited to, text, images, music or video) to which You do not have the full right to grant the license.
• To the fullest extent allowed by law, You waive your moral rights in Your contribution.
• You warrant that You own all intellectual property rights and other rights in Your contribution, including but not limited to copyright and image rights.
• You warrant that Your contribution is not offensive, unlawful, harmful to minors, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or that encourages conduct that would be considered a criminal offence, gives rise to any liability, violates any law, is otherwise objectionable, or impersonates another person.
• You acknowledge that Our use of your contribution will not constitute infringement of any of Your rights, including copyright, defamation, privacy, publicity rights, or the equivalent rights of any third party (including anyone whose likeness is included in Your Contribution).
• You agree that, if requested, You will sign or will procure that any third party will sign any documents necessary to transfer the copyright or any other rights in the contribution to Us.
• You release Us from any and all claims, liabilities, or damages arising from Our use of the contribution.
22.4 You acknowledge and agree that:
(a)by using the Website, You may be exposed to content that You may find offensive or indecent and You do so at your own risk;
(b) You are solely responsible for, and the Company has no responsibility to You or any third party for any contribution that You create, submit, post or publish on or through the Website;
(c) The Company does not guarantee any confidentiality with respect to Your contribution;
(d) FTT Skin Clinics Hamilton LTD is not responsible for any Contribution provided by third parties that You may have access to through Your use of the Website and all contributions are the responsibility of the person from whom such Contribution originated. You acknowledge and agree that the Company has no control over and is not responsible for the use of contributions by its Users, including any User that has downloaded contributions to a personal device; and
(e) The Company may not be able to remove contributions that are downloaded onto a User’s device. The Company does not endorse any contribution, or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with any contributions.
22.5 For the avoidance of doubt, you acknowledge that Your contribution is Your sole responsibility. You agree that, under no circumstances, will the Company be liable in any way for any contribution, including, but not limited to, any errors or omissions in any contribution, or any loss or damage of any kind incurred as a result of the use or distribution of any contribution transmitted or otherwise made available via the Website.
22.6 For more detailed information on your legal rights as a consumer, please visit the Citizens Advice website at www.adviceguide.org.uk or call 03454 04 05 06.
Last updated 18-10-2024