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Terms & conditions

Last Updated: 10th January 2024

These Terms apply to websites, mobile apps, and online services that link back to them

• Follow the law and respect other users

• Any dispute must be filed in arbitration, in the United Kingdom

• No judge, no jury, no class actions

• If you submit information or a creation, we own it

• That includes submissions made on our social media pages or partner pages

• E-mail us at customercare@mynailpro.co.uk

We, NAILPRO and its affiliates (collectively the “Affiliates”), operate websites, mobile applications, and social media pages that link here (collectively, “Sites”). This Site is provided for your personal and noncommercial use. By using the Sites, you agree to these Terms of Use (the “Terms”). If you do not agree to the Terms, do not use the Sites. You will still be bound by the Terms as they existed when you last used the Site. We reserve the right to make changes to these terms at any time. Please check back from time to time to ensure you are aware of any updates or changes. THESE TERMS INCLUDE AN AGREEMENT TO SUBMIT ALL DISPUTES TO INDIVIDUAL MANDATORY ARBITRATION – PLEASE READ CAREFULLY.

Security

We maintain safeguards intended to protect the integrity and security of the Site. However, we cannot guarantee that the Site will be secure, complete or correct, or that access to the Site will remain uninterrupted.

Registration; User Names and Passwords

To use certain portions of the Site, you may be required to create an account and be issued a password. Your user name and password are for your personal use only and should be kept confidential. You are responsible for any use or misuse of your user name or password. Please promptly notify us of any confidentiality breach or unauthorised use of your user name, password, or your Site account.

Third Party Web Sites; Links

The Site links to other web sites and online services. We have no control over such third parties. We do not endorse their products and services. We are not responsible for the availability, accuracy, or security of such sites.

Follow the Law

While using the Site, you are required to comply with these Terms and all applicable laws, rules and regulations.

Respect Others

We also expect users of the Site to respect the rights and dignity of others. Do not use the Site to harass, stalk, threaten or otherwise violate the legal rights of others. Do not impersonate anyone. Do not disrupt the operation of the Site. We reserve the right in our sole discretion to restrict or terminate accounts that do not comports with these Rules of Conduct and to remove any materials that violate these Terms or which we find objectionable.

Indemnity

You agree to defend, indemnify and hold harmless us, and our directors, officers, employees, agents, Affiliates, authorised bottlers and distributors, shareholders, licensors, and representatives, from and against all claims, losses, costs and expenses (including without limitation attorneys’ fees) arising out of (a) your use of, or activities in connection with, the Site, (b) any violation of these Terms by you or through your account; and (c) any allegation that any Submission or Creation (defined below) you make available or create through or in connection with the Site infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party.

Termination

We may terminate your access to the Site at our sole discretion, at any time, and without prior notice. We may immediately deactivate or delete all related information and files.

Disclaimer

The site and all of its text, images, and software (collectively, “contents”) are provided on an ‘as is’ basis without any warranties of any kind, whether express, implied or statutory. You agree that you must evaluate, and that you bear all risks associated with, the use of the site, including without limitation any reliance on the accuracy, completeness or usefulness of any content available through or in connection with the site.

Limitation of Liability

We recognise that some laws provide consumers specific rights and remedies and prohibit waiver of the same. Except with respect to such laws, you waive all damages under any cause of action other than actual damage for out-of-pocket loss. For example, except with respect to such laws, you waive nominal damages, liquidated damages, statutory damages, consequential damages, presumed damages, as well as the imposition of costs and attorney’s fees.

Personal Information

Any Personal Information you submit on or through the Site is governed by NAILPRO Privacy Policy. Please do not submit through the Site any sensitive personal information, as defined by our Privacy Policy.

Additional Communications

Any other information you submit on or through the Site will be treated as non-confidential and non-proprietary. This includes all information you submit directly or indirectly (for example, through the use on a third-party social media site using a hashtag we promote).

Submissions and Creations

Submissions and Creations (defined below) will be treated as non-confidential and non-proprietary. You acknowledge that any information in a Submission or Creation is public information.

Intellectual Property

The Site and its Contents, including all trademarks, service marks, and graphical elements, are our sole property unless otherwise expressly noted and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. The Site and its Contents may also contain various thirdparty names, trademarks, and service marks that are the property of their respective owners. Subject to these Terms, you are granted a personal, non-exclusive, non-transferable and revocable license to use the Site solely for your own personal, non-commercial purposes and solely in accordance with these Terms. This license is terminable at any time, and does not grant you any additional rights with respect to the Site or its Contents. NAILPRO Ltd reserves all other rights. You may not modify, alter or change any Content, or distribute, publish, transmit, reuse, re-post, reverse engineer, or disassemble the Content or any portion thereof for public or commercial purposes, including, without limitation, the text, images, audio and video. Your use of any Content, except as provided in these Terms, without our written permission of is strictly prohibited.

On-Site Submissions and Creations

The Site may include a variety of interactive services, such as instant messaging, forums and blogs. You may be able to submit information using these services (“On-Site Submissions”). You also may be able to create materials using the services (“On-Site Creations”).

Off-Site Submissions and Creations

The same sort of interactive services may be available on certain third-party websites and social media platforms. You may use these services to submit information (“Off-Site Submissions”), e.g., using hashtags we promote or commenting on our social media pages. You may also use those third-party services to create materials (“Off-Site Creations”).

On-Site Submissions and Off-Site Submissions shall, collectively, be referred to herein as “Submissions”; On-Site Creations and Off-Site Creations shall, collectively, be referred to herein as “Creations.”

Grant of Rights for Submission and Creations

You grant us a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right and license with respect to all Submissions and Creations. We can use this license with no compensation to you. The license allows us: (a) to use, reproduce, distribute, adapt (including without limitation edit, modify, translate, and reformat), derive, transmit, display and perform, publicly or otherwise, any Submission and/or Creation (including without limitation your voice, image or likeness as embodied in such Submission or Creation), in any media now known or hereafter developed, for our business purposes, and (b) to sublicense the foregoing rights, through multiple tiers, to the maximum extent permitted by applicable law. The foregoing licenses shall survive termination of these Terms for any reason.

Representation and Warranty

For each Submission and each Creation, you represent and warrant that you have all rights necessary to grant these licenses (including without limitation rights in any musical compositions and/or sound recordings embodied or embedded in any Submission or Creation), and that such Submission or Creation, and your provision or creation thereof through the Site, complies with all applicable laws, rules and regulations and does not infringe or otherwise violate the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission and Creation that you may have under any applicable law under any legal theory.

You Have Sole Responsibility for Your Submissions and Creations

You acknowledge and agree that you are solely responsible for any Submission or Creation you provide, and for any consequences thereof, including the use of any Submission or Creation by third parties. You understand that your Submissions and Creations may be accessible to other parties, who may be able to share your Submissions and Creations with others and to make them available elsewhere, including on other sites and platforms.

We Are Not Responsible For Third Parties

We have no control over what third parties may do with your Submission or Creation. We have no legal liability for such misuse. We also do not endorse and are not responsible for any opinions, advice, statements, information, or other materials made available in any Submission or Creation.

Feedback

Please visit our contact page to submit any ideas or creations.

Scope of Arbitration

The arbitrator shall exclusively determine all issues as to the Dispute, applying these Terms. The arbitrator shall also determine any question as to whether any Dispute or issue is subject to arbitration. The arbitrator shall not have the power to hear any Dispute as a class action, mass action, or representative action. The arbitrator shall not have any power to issue relief to anyone but You or us.

Exception to Arbitration (Small Claims Court)

Disputes that can be fully resolved in small claims court need not be submitted to arbitration.

Choice of Law (UK)

These Terms and your use of the Site are governed by the laws of the United Kingdom, without regard to its choice of law provisions. However, any determination as to whether a Dispute is subject to arbitration, or as to the conduct of the arbitration, shall be governed exclusively by UK law.

Class Action Waiver

You agree that any Dispute between us shall be resolved in an individual action. Under no circumstances will you file, seek, or participate in a class action, mass action, or representative action in connection with a Dispute.

Remedies Available in Arbitration

The arbitrator may grant any remedy, relief, or outcome that the parties could have received in court, including awards of attorney’s fees and costs, in accordance with the law(s) that applies to the case, except injunctive relief.

Injunctive Relief

The arbitrator may not issue any injunction. If either party in a Dispute seeks injunctive relief, the arbitrator will complete arbitration of the Dispute, issue an award of monetary compensation (if any), and then the party seeking injunctive relief may file a new action in a UK court of law, solely for injunctive relief. The findings of fact and conclusions of law of the arbitrator shall not be submitted as evidence or constitute precedent in this subsequent suit.

Notices

Notices to you may be made via posting to the Site, by email, or by regular mail, in our sole discretion. Notices to us should be made using the contact information below.

Evidence

You agree that a printed version of these Terms and of any notice given in electronic form, including by posting to the Site, shall be admissible in judicial or administrative proceedings based upon or relating to these Terms.

Force Majeure

We will not be responsible for any failure to fulfil any obligation due to any cause beyond our control.

Rules for Sweepstakes, Contests, Challenges, Activities, Surveys, and Similar Promotions Any sweepstakes, contests, challenges, activities, surveys, or similar promotions made available through the Site may be governed by specific rules that are separate from these Terms. By participating in any such sweepstakes, contest, challenge, activity, survey, or promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. We urge you to read the applicable rules, which are linked from the particular activity, and to review our Privacy Policy which, in addition to these Terms, governs any information you submit in connection with such activities.

Information or Complaints

If you have a question or complaint regarding the Site, please send an e-mail to: customercare@mynailpro.co.uk

Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us.

Claims of Copyright Infringement

For information on how to report a claim of copyright infringement under The Digital Millennium Copyright Act of 1998.

Changes to the Site

We may modify or discontinue the Site and its Contents at any time, in our sole discretion.

Changes to the Terms

We may change these Terms at any time. We will provide reasonable notice, including by posting a revised version of these Terms through the Site.

NAILPRO Rewards

The NAILPRO Loyalty Scheme (“NAILPRO Rewards” is open to individuals aged 16 years or older.) To become a member of the NAILPRO Rewards, you must create or already have an account with us. Each individual may only hold one loyalty account. Accounts are non-transferable. Members will earn loyalty points on eligible purchases made at NAILPRO locations. The number of loyalty points earned per purchase will be determined by the purchase amount. Participants will receive 1 point for every £1 spent on treatments, gift cards or products after any discount has been applied. Loyalty points cannot be earned on purchases made with gift cards, vouchers, or in conjunction with any other promotions or discounts, unless otherwise specified. Only treatments that are booked and paid for will be eligible for loyalty points.

Loyalty points may be redeemed for rewards or discounts as specified in the loyalty scheme rules as then in force. Loyalty points have no cash value and cannot be exchanged for cash. Loyalty points can only be redeemed by the account holder and may not be transferred to another person. Loyalty points can be redeemed in batches of 200 pts only. 200 pts is the equivalent of £5 credit. Members are responsible for keeping their account information, including contact details, up to date. NAILPRO reserves the right to terminate or suspend a membership account at any time without prior notice if there is a violation of these Terms and Conditions or suspected fraudulent activity. Members may terminate their account at any time by notifying us in writing at customercare@mynailpro.co.uk. We reserve the right to modify or terminate the loyalty scheme at any time without prior notice. In the event of termination, members will have a specified time period to redeem any outstanding loyalty points, after which the points will expire.