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Community Terms and Conditions

Community Terms and Conditions

These terms and conditions (the "Community Terms and Conditions") apply to the use of our FARFETCH Beauty: Global Community (the "Community") located at [https://farfetchcommunity.com] ("our site"), which is hosted by TokyWoky SAS.

Our site is operated by FARFETCH UK Ltd trading as FARFETCH, a company registered in England and Wales and our registered office is at The Bower, 211 Old Street, London, EC1V 9NR. Our registered company number is 06400760 and our VAT number is GB 204 0769 35. You can contact us by writing to us at: beauty.community@farfetch.com.

 

Please read these Community Terms and Conditions carefully and make sure that you understand them before using our site. By using our site, you confirm that you accept these Community Terms and Conditions and that you agree to comply with them. If you do not agree to these terms, you must not use our site and you should leave our site immediately. Your use of our site or engagement with the Community shall be deemed as your acceptance of these Community Terms and Conditions.

 

1.        Understanding these Community Terms and Conditions

1.1         Certain words and phrases which are used in these Community Terms and Conditions have specific meanings (these are known as 'defined terms'). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of the Community Terms and Conditions where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).

1.2        When we refer to "FARFETCH", "we", "us" or "our", we mean FARFETCH UK Limited or, where relevant, its affiliates. Where we refer to "you" or "your" we mean you, the person using our site.

1.3        We have used headings to help you understand these Terms and Conditions and to easily locate information. These Terms and Conditions are only available in the English language.

 

2.       Other terms that apply

In addition to these Community Terms and Conditions, the following terms also apply to your use of our site:

(a)        Our Community Guidelines. These guidelines set out requirements for how you should interact with our site.

(b)       Our Privacy Policy, which can be found at [https://www.farfetch.com/privacy-policy]. This sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

(c)        Our Cookie Settings tool, which can be found at the bottom of the left navigation of our site. This sets out information, and gives you choices, about the cookies on our site.

 

3.       Changes to these terms or our site

3.1        We may amend these Community Terms and Conditions from time to time. Every time you wish to use our site, please check these terms and conditions to ensure you understand the terms that apply at that time. These Community Terms and Conditions were most recently updated on 19/04/2022. Your use of our site following any amendment constitutes your agreement to follow and be bound by these Community Terms and Conditions as amended. If at any time you do not wish to accept the Community Terms and Conditions, you should not continue to use our site. Continued use of the site will be deemed as your acceptance of the then current Community Terms and Conditions.

3.2       We may update and change our site or any Content from time to time. We will try to give you reasonable notice of any major changes however, we have no liability to you for any failure by us to notify you of any changes to our site or Content. If the need arises, we may suspend access to our site, or close it indefinitely.

 

4.       Access to our site

4.1        Our site is made available free of charge. Access to our site is permitted on a temporary basis.

4.2       We do not guarantee that our site, or any Content, will always be available or be uninterrupted and will not be liable if, for any reason, our site is unavailable at any time or for any period. We reserve the right to amend, suspend, withdraw or restrict the availability of all or any part of our site, the Content or your access to the site without notice. We will try to give you reasonable notice of any suspension or withdrawal.

4.3       You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these Community Terms and Conditions and other applicable terms and conditions, and that they comply with them.

4.4       When you visit the site and/or set up an account for membership to the Community, you are communicating with us electronically and you agree that all agreements, notices, disclosures, and other communications that we send to you electronically satisfy any legal requirement that similar communications be in writing.

4.5       We can remove or restrict access to your Content, our site or the Community if we determine that doing so is reasonably necessary to avoid or mitigate adverse legal or regulatory impacts to FARFETCH.

 

5.       Your account

5.1        Membership to the Community is restricted to private individuals only. Users must be at least 18 years old.

5.2       You cannot use the site if (i) we have previously disabled your account for breaches of these Community Terms and Conditions and/or (ii) you are prohibited from receiving our services or software under applicable laws.

5.3       For your own personal protection you must keep your user log-in details and password safe and treat such information as confidential. You must not disclose it to any third party. We have the right to suspend or disable any user log-in and password or delete your user account at any time if in our opinion you have failed to comply with any of the provisions of these Community Terms and Conditions.

5.4       If you know or suspect that anyone other than you knows your login details or password, you must promptly notify us at: beauty.community@farfetch.com

 

6.       Community Points

6.1        Users of our site will join a points-based reward programme which will unlock benefits as set out in the Community membership status table below.

6.2       Users will be asked to complete specific tasks and missions ("Missions") to be awarded Community Points in order to gain certain benefits.

6.3       Missions available to you will be listed in the "My Missions" section of your user account. This section will list out the Missions already completed, provide details on the actions required for Missions you have not yet completed and set out how many Community Points you can earn for completing each Mission. Community Points will be awarded to your user account following completion of each Mission and the subsequent validation by a Community Moderator. Community Points that are earned will be stored in your account indefinitely unless (a) you terminate your user account with us, or (b) we suspend, disable or terminate your user account pursuant to the Community Terms and Conditions.

6.4       We may cancel, change, add or amend the Missions and/or how many Community Points can be earned for any Mission not yet completed, at our sole discretion by amending the information in the "My Missions" section.

6.5       The table below sets out the benefits that you receive as a result of acquiring a certain number of Community Points. We may update this table from time to time, including to introduce new Community statuses for users who collect higher numbers of Community Points than shown against the current statuses.

 

Status: Fan

Community Points required: Zero

Benefits: Access to the community with the ability to post and interact with content

 

Status: Expert

Community Points required: 400

Benefits: A one-off 10% discount on the member’s next FARFETCH order over $150 (USD)

 

Status: Pro

Community Points required: 1500

Benefits: A one-off 15% discount on the member’s next FARFETCH order over $150 (USD)

Free shipping on two FARFETCH orders

An upgrade of the member’s Access tier to the tier above for one year (Access is FARFETCH’s loyalty program). This excludes upgrades to the Private Client tier

 

7.       Test and Review

7.1        Community members have the opportunity to earn points when you test and review the latest beauty releases.

7.2       Members can sign up to Test and Review products. You will be asked to 'Tell us about yourself' and provide information regarding your beauty preferences. When we reach out inviting you to Test and Review via the email address registered with your Community account, you have the option to either decline or accept the offer.

7.3       Information provided in relation to your beauty preferences will be used to assess whether the test product is appropriate for you to ensure you receive relevant products.

7.4       Test products will be sent directly from the brands. For each Test and Review offer that is accepted, 1 product will be delivered per community member. Test products will be dispatched separately from any other FARFETCH Beauty orders you may make during the same time period. 

7.5       If for any reason your test products fail to arrive, arrive damaged or you experience any issues with use of the products, please contact our Community Admin team. Subject to availability, you may be offered a replacement for damaged or missing test products or you may be invited to the next Test and Review.

7.6       You will receive emails directly prompting you to lave a review on our website.

7.7       Once you receive your product, there is no time limit for submitting your review. However, failure to submit a review may result in exclusion from future invitations to Test and Review.

7.8       By submitting your review in connection with your email address, you agree that the Community and its third party service providers may use your email address to contact you about the status of your review and any other relevant administrative purposes. 

7.9       By submitting any comments, images, videos or other material on our site, you warrant to comply with the Community Guidelines at all times. You are directed to 9. of these Terms and Condition for further obligations relating to user content and conduct. We reserve the right to block or remove any Content which, in our option, does not comply with these Community Guidelines. We also reserve our rights outilined in 10. of these Terms and Conditions, Right you are giving us when you upload materials or posts. Should a review be submitted that does not comply with the Community Guidelines, you may be contacted bythe Community Admin team and may not be invited to Test and Review again.

7.10       Once your review is posted and you have completed the whole flow on the Community including acception the product, receiving the product and writing the review on the Test and Review page, your points will immediately appear in your account.

 

8.       Interactive services and user content and conduct

8.1        We may provide interactive services on our site such as public discussion channels. Information and materials posted by others on these interactive services have not been verified or approved by us. The views expressed by other users on our site are their own and do not represent our views or values.

8.2       Any comments, images, videos or other material, which are posted on these interactive services on our site ("Content"), including by you, must comply with the Community Guidelines at all times. We reserve the right to block or remove any Content which, in our opinion, does not comply with these Community Guidelines.

8.3       While we want to ensure that the Community is a safe place to interact and we may moderate Content with the aim of ensuring this, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site or Content posted on it. We expressly exclude our liability for any loss or damage arising from any Content available on the site and the use of any interactive service by a user in contravention of our Content standards as set out in the Community Guidelines, whether the service is moderated or not. To help support the Community, we encourage you to report Content or conduct that you believe breaches your rights (including intellectual property rights) or these Community Terms and Conditions by contacting: beauty.community@farfetch.com

8.4       You may not use the Community or our site:

(a)        for any purpose relating to direct marketing;

(b)       as a means of advertising, promoting or endorsing (or furthering the advertisement, promotion or endorsement) of any product, services or brands not affiliated with us;

(c)        in any way that causes, or is likely to cause, our site or access to it to be interrupted, damaged or impaired in any way;

(d)       in any way that breaches any applicable local, national or international law or regulation;

(e)        in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

(f)        to send, use or reuse any material that is: (i) illegal, offensive, abusive, indecent, defamatory, obscene or menacing, and/or (ii) in breach of copyright, trade marks, confidence, privacy or any other right, and/or (iii) otherwise injurious to third parties, and/or (iv) objectionable, and/or (v) which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam";

(g)       to cause harm, annoyance, inconvenience or needless anxiety to any person; or

(h)       access or collect data from our site using automated means (without our prior permission) or attempt to access data that you do not have permission to access.

We can remove or block Content and/or suspend, disable, or delete any user account that is in breach of these provisions

 

9.       Rights you are giving us when you upload materials or posts

9.1        By posting or sending any Content on our site, you:

(a)        warrant that such Content complies with the Community Guidelines and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty;

(b)       confirm that you have the right to post the Content on our site;

(c)        confirm the Content you post does not infringe any third party intellectual property rights; and

(d)       you grant FARFETCH a perpetual, irrevocable, worldwide, royalty-free, fully sub-licensable and transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and distribute such Content for any legitimate business reason that we see fit, including for commercial gain, marketing, business development and internal administrative purposes, and/or to incorporate such Content together with your username/name and location into any form, medium or technology, including (but not limited to):

(i)         on all electronic, IT, digital, multimedia and internet media including our site or other FARFETCH group websites, social media pages and other online presences;

(ii)        on all advertising media both online and offline;

(iii)       on internal FARFETCH communications within the FARFETCH group;

(iv)       for corporate, financial communication and public relations communications and disclosures;

(v)        on retailer-and client-facing media.

 

10.     Our Intellectual property rights

10.1      We are the owner or the licensee of all intellectual property rights in our site and in any content published on it, including any Content that you post. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

10.2     You may print off one copy, and may download extracts, of any page(s) from our site for your personal non-commercial reference and you may draw the attention of others to material posted on our site.

10.3     You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

10.4     Our status (and that of any identified contributors) as the authors of Content on our site must always be acknowledged.

10.5     You must not use any part of the Content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

10.6     If you print off, copy or download any part of our site in breach of these Community Terms and Conditions, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

 

11.      Do not rely on information on our site

11.1       The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely.

11.2       We may update or change our site or its contents at any time, but we are under no obligation to do so. Accordingly, information on our site may be out of date at any given time. We make no promises and provide no assurances that the information or Content on our site is accurate, complete or up to date.

11.3       We make no representations, warranties or guarantees, whether express or implied, that our site or any Content on it, is accurate, complete, up-to-date or will be free from errors or omissions. To the fullest extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our w, or any content on it, whether express or implied.

 

12.      Links from our site

12.1       Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and such links should not be interpreted as an endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

12.2      We may, at our sole discretion, remove any third party links, including any third party links that you post on our site.

 

13.      Our responsibility for loss or damage suffered by you

13.1       We are responsible to you for foreseeable loss and damage caused by us relating to your use of this site. If we fail to comply with these Community Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions or our negligence in providing you our services. Loss or damage is foreseeable if either it is an obvious consequence of our breach or if it was contemplated by you and us at the time you started using our site. .

13.2      We do not in any way exclude or limit our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; •(c) any other liability which cannot be limited by law.

13.3      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.

13.4      To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude all liability for any direct, indirect or consequential loss or damage; any other loss or damage caused by tort including negligence; or for any damage, loss, liabilities, injury or disappointment incurred or suffered incurred, by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it.

 

14.      How we may use your personal information

We will only use your personal information as set out in our Privacy Policy, displayed on FARFETCH.com

 

15.      Breach of these Terms and Conditions

15.1      When we consider that a breach of these Community Terms and Conditions or the Community Guidelines has occurred, we may take such action as we deem appropriate.

15.2      Failure to comply with these Terms and Conditions constitutes a material breach, and may result in our taking all or any of the following actions:

(a)        immediate, temporary or permanent withdrawal of your right to use our site;

(b)       immediate, temporary or permanent removal of any contribution uploaded by you to our site;

(c)        issue of a warning to you;

(d)       legal proceedings against you for reimbursement of all costs, on a full compensation basis (including reasonable administrative and legal costs), resulting from the breach;

(e)        further legal action against you; and/or

(f)        disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

15.3      We exclude our liability for all action we may take in response to breaches of these terms. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

15.4      If you breach any of the Community Terms and Conditions, you will indemnify us in full against all costs, expenses, liabilities, damages and losses (excluding any indirect, incidental or consequential loss), including any interest, fines and legal or other professional fees and expenses awarded against or incurred or paid by us and/or any member of our group as a result of or in connection with your breach.

 

16.      We are not responsible for viruses and you must not introduce them

16.1      We do not guarantee that our site will be secure or free from bugs or viruses.

16.2      You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

16.3      We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

16.4      You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

16.5     By breaching this provision in relation to virus and trojan worms etc., you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. You will not be allowed to use our site or your user account anymore if you breach this provision.

 

17.      Other Important Information

Severability - Each of the sections and paragraphs of these Community Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections and paragraphs will remain in full force and effect.

Waiver - If you breach these Community Terms and Conditions and we take no action, or if we delay in taking action, that does not mean that we have waived our rights and we will still be entitled to use our rights and remedies. If we do waive a breach by you, we will only do so in writing (signed by one of our Directors), and that will not mean that we will automatically waive any later breach by you.

Entire agreement - These Community Terms and Conditions constitute the entire agreement between you and us and they supersede any and all earlier agreements between you and us.

 

18.      Jurisdiction and applicable law

These Community Terms and Conditions are governed by English law. The English courts shall have exclusive jurisdiction over any dispute or claim relating to these Community Terms and Conditions.