terms & conditions

Terms and Conditions of Sale – Hong Kong

These Terms and Conditions of Sale ("Terms of Sale") apply whenever you order any product ("Product") through www.charlottetilbury.com/hk (the "Website"). These Terms of Sale should be read alongside, and are in addition to our returns and exchange policy ("Returns & Exchange Policy") and our privacy and cookies policy privacy (“Privacy and Cookies Policy”).

Please read these Terms of Sale carefully and print a copy for your future reference. By ordering a Product from us, you agree that you have read, understood and agree to these Terms of Sale and the Privacy and Cookies Policy and Returns & Exchange Policy (each as amended from time to time). If you do not agree to these Terms of Sale, you must not order any Product from us.

About us

Charlotte Tilbury Beauty Hong Kong Limited (referred to in these Terms of Sale as “CTBHK” “we”, or “us”) is a company registered in the Hong Kong Special Administrative Region, whose registered number is 2624057 and whose registered address is at 10/F, Champion Tower, 3 Garden Road, Central, Hong Kong.

Should you have any questions about these Terms of Sale or wish to contact us for any reason, please use the Contact Us section on the Website.

About you

By ordering any Products from us, you confirm that you are ordering Products for delivery in Hong Kong.

If any of the above is incorrect, you must not order any Product from this Website and we reserve the right, in our sole discretion, to refuse, cancel your order.

Product descriptions

All Product descriptions and images shown on the Website are provided in good faith but are intended as guidance only and, to the extent permitted by applicable law, the actual Products may vary slightly.

The images of the products on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Products may vary slightly from those images. The packaging of Products may vary from that shown in images on our Website.

All prices shown on the Website are in Hong Kong dollars. Product Prices shown on the Website do not include delivery, packaging or other charges, which will be added to any order you place and specified prior to checkout.

Whilst we use reasonable endeavours to keep prices up-to-date on the Website, we reserve the right to alter prices at any time, and such amendments will apply to future orders. If the price of your Product has changed after you have ordered, we will not be able to refund/credit you the difference in price (this also includes sale price adjustments).

Any material and information presented by CTBHK on the Website or with any Products sold through the Website is intended to be used for informational purposes only. Any statements and Products are not intended to diagnose, treat, cure or prevent any condition or disease. All Products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for Products to avoid potential allergic reactions. Use of the Website is not meant to serve as a substitute for professional medical advice. If you have any personal concerns, please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Website before using or relying on them.

You agree and acknowledge that all text, graphics, photographs, copyright, trademarks and any other intellectual property, material or content available within this Website are owned and shall remain vested in CTBHK, our licensors and any CTBHK Affiliates (defined below). An affiliate is any entity that directly or indirectly controls, is controlled by, or is under common control with another entity (Affiliates).

You agree and acknowledge that the material within this Website is made available for your personal and non-commercial use only.

You acknowledge that, as between you and us, CTBHK and its Affiliates own all present and future copyright, registered and unregistered trademarks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights existing in or in relation to the Products ("IPR").

If any IPR vests in you, whether by operation of law or otherwise, you hereby assign to us all right, title and interest (whether legal or beneficial) in such IPR throughout the world absolutely to the fullest extent possible, including any and all renewals and extensions of such IPR. You unconditionally and irrevocably waive any and all moral rights you may have either now or in the future existing in or in relation to the Products. You also agree to execute and do all such deeds, documents, acts and things as we may reasonably require in order to assign any IPR to us, to carry out the intended purpose of these Terms of Sale or to establish, perfect, preserve or enforce our rights under these Terms of Sale.

You also acknowledge that the Products are intended for your own personal use and that you will not resell the Products to any other persons.

How to order Products

When you have found a Product on the Website that you would like to buy, please click on the button labelled "ADD TO BAG". This will add your Product to a virtual bag (the “Bag”). You can then proceed to pay for the Products in your Bag by clicking on the Bag icon and then clicking “Checkout”. Alternatively, you can continue browsing the Website and add additional Products to your Bag.

You can see what Products are in your Bag at any time by clicking on the Bag icon and then the button labelled “GO TO MY BAG”. If you wish to remove a Product from your Bag, simply click on the “X” under the header “Remove” next to the relevant Product. You can pay for the Products in your Bag at any time by clicking the button labelled “PROCEED TO CHECKOUT”.

When you click the “PROCEED TO CHECKOUT” button, you may be asked to choose two complimentary samples to add to your Bag, subject to availability while stocks last.

Once you have clicked on “PROCEED TO CHECKOUT” you will be asked to provide various information necessary to process your order and deliver the Product(s) to you. You can provide this information by filling in the fields requested on the screen. All fields with an asterisk must be completed. We respect your right to privacy and will only use any information you provide to us in accordance with our Privacy and Cookies Policy.

We must limit any orders to no more than ten (10) units of any single item (i) per order; and (ii) per customer in case of multiple orders placed within 12 months. We reserve the right to reject, cancel or terminate any order at our discretion without reason.

Our contract with you

Once you place your order to purchase a Product from us by following the steps outlined above and by clicking the button labelled “CHECKOUT” we will send you an email confirming your purchase. This email will provide you with the details of the order. This is not an order acceptance by us. A dispatch confirmation email, including a tracking code will then be sent when your order leaves our warehouse. Our acceptance of your order and the completion of the contract between you and us will take place when we have dispatched the Products to you.

If we are unable to accept your order, we will inform you of this and will not charge you for the Product(s). This might be because the (i) Product is out of stock; (ii) because we have identified an error in the price or description of the Product; (iii) our inability to obtain authorisation for your payment; or (iv) because of unexpected limits on our resources which we could not reasonably plan for.

The contract will be concluded in English.

Payment for the Products

All Products will remain our property until we have received payment in full for those Products. Legal ownership in the Products will immediately revert to us if we refund any such payments to you.

During the checkout process, you will be asked to complete your payment details. All fields with an asterisk must be completed. We accept most major credit and debit cards. Please note that we will collect, store and use your information in accordance with our Privacy Policy.

All card payments are subject to authorisation by your card issuer. If your transaction appears to have been successful but payment is not actually authorised, we will cancel your order and notify you in writing (which may include e-mail) that we have done so. In that case, if you have already received the Products you ordered from us, you must return those Products to us at your own expense. If you fail to do so within 2 weeks of our cancelling your order, we may arrange for collection of the Products at your expense.

If we cannot supply you with the Products that you have ordered, we will cancel your order and inform you of this as soon as reasonably possible. We will give you a full refund where you have already paid for the Products.

Our rights to make changes

We may change the Product to reflect changes in relevant laws and regulatory requirements.

Delivery of the Products

For information on shipping including shipping costs and estimated delivery times please see our Website.

Delivery will be to the address specified in your order. If no one is available at the address at the time of delivery, the Products will either be (i) retained by the delivery company and subsequent delivery will be attempted; or (ii) if requested by you when the delivery company contacts you, left in your designated “safe place” at your delivery address, such as with your building's security guard or outside your front door. If you choose to have your order delivered to a safe place, please choose an area that is protected from the elements and is guarded from public view to avoid damage and theft. However, we can't guarantee that our carriers will be able to meet these instructions under all circumstances although we will endeavour to accommodate your request. You acknowledge that you are fully responsible for any order left in your chosen safe place.

If subsequent delivery is unsuccessful the Products will be retained by the delivery company and returned to us where a refund will be issued for the Products and reserve the right to retain any costs incurred in arranging for the delivery and return of the Product. For any enquiries regarding delivery, please contact customercare@charlottetilbury.com

All risk in the Products you order (including risk of loss and/or damage to the Products) shall pass to you upon delivery to you. Products will count as delivered once they are left in your designated safe place.

We shall be under no liability for any delay or failure to deliver products if the delay or failure is caused by a third party or is wholly or partly caused by circumstances beyond our control.

Our liability to you

We will use reasonable skill and care in fulfilling any order placed by you which is accepted by us. However, we exclude all other representations, warranties, conditions and terms express or implied by statute, common law or otherwise to the fullest extent permitted by law.

Save as expressly set out in these Terms of Sale, we will not be liable for any special, indirect, incidental, consequential or economic loss or for loss of profits or revenues howsoever caused arising in connection with any order placed by you. Notwithstanding the above, our total liability (whether in contract, tort, negligence or on any other basis) to you, for any loss or damage shall be limited to the sums paid or payable for the Products.

We will not be liable to you where we breach these Terms of Sale due to any cause that is beyond our reasonable control, including acts of God, explosions, floods, tempests, fires or accidents; wars or threats of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes; difficulties in obtaining materials, labour, fuel, parts or machinery; power failure or breakdown in machinery.

Nothing in these Terms of Sale shall limit our liability for personal injury, death or fraud, or in relation to any liability that cannot be excluded or limited under applicable law.

This clause does not affect your statutory rights as a consumer.

Returns and Refunds under our Returns Policy

We hope you love your purchases, but if for any reason you do need to return something to us, we’ve made it as simple as possible. Please see our Returns & Exchanges Policy for details.

Other important terms

We may update or amend these Terms of Sale from time to time to comply with law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the Website.

These Terms of Sale supersede any other terms and conditions previously published by us and any other representations or statements made by us to you, whether oral, written or otherwise.

You may not assign or sub-contract any of your rights or obligations under these Terms of Sale to any third party unless we agree in writing.

We may assign, transfer or sub-contract any of our rights or obligations under these Terms of Sale to any third party at our discretion. No relaxation or delay by us in exercising any right or remedy under these Terms of Sale shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.

If any of these Terms of Sale are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms of Sale shall remain in full force and effect.

Only you and we shall be entitled to enforce these Terms of Sale. No third party shall be entitled to any of these Terms of Sale, whether by virtue of the Contracts (Rights of Third Parties) Ordinance (Cap. 623, Hong Kong law) or otherwise.

These Terms of Sale are governed by the laws of the Hong Kong Special Administrative Region. In the event of any matter or dispute arising out of or in connection with these Terms of Sale, you and we shall submit to the exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region.

Last Revised: September 2020

USE OF THE WEBSITE

Welcome to our Hong Kong site: https://www.charlottetilbury.com/ie (the \"Website\"). References to “we”, “us” and/or “our” throughout the Website is to Charlotte Tilbury Beauty Hong Kong Limited (“CTBHKL”)

The use of the Website is governed by these terms and conditions (“Terms of Use”). These Terms of Use should be read alongside, and are in addition to our terms and conditions of sale accessible online (“Terms of Sale”) and our Privacy Policy and Cookies Policy to understand how we collect and process your personal data.

Please read these Terms of Use carefully and print a copy for your future reference. By using the Website, you agree that you have read, understood and agree to these Terms of Use, the Privacy Policy and Cookies Policy and the Terms of Sale (each as amended from time to time). If you do not agree to these Terms of Use, you must stop using the Website immediately.

ABOUT US

CTBHKL is a company registered in Hong Kong (company registration number is 2624057), whose registered office is at 10/F, Champion Tower, 3 Garden Road, Central, Hong Kong.

Should you have any questions about these Terms of Use or wish to contact us for any reason, please use the Contact Us section on the Website.

YOUR USE OF THE WEBSITE

You agree to use the Website only for lawful purposes and in a way which does not infringe the rights of anyone else or restrict or inhibit anyone else's use and enjoyment of the Website.

You are permitted to download and print content from the Website solely for your own personal use. Website content, including without limitation, all information, data, products, materials, services, software applications and tools, digital avatars, design elements, text, images, photographs, illustrations, audio and video contents, LiveChat conversations, and VideoChat exchanges and artwork and graphics contained therein or otherwise made available to you in connection therewith (collectively, the “Content”), must not be copied or reproduced, used or otherwise dealt with for any other reason. You are not entitled to modify or redistribute the Content or reproduce, link, frame or deep-link it on any other website without our express written permission. You are not entitled to use the content of the Website for commercial exploitation in any circumstances. You are not entitled to make recordings of the Website or any Content.

YOUR ACCOUNT

If you choose, or you are provided with, an account, username, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. If there has been an unauthorised use of your password or account, please notify us immediately. You are responsible for keeping such information current, complete, accurate and truthful. You agree to accept responsibility for all activities that occur with your permission or authorisation under your account, username and/or password, or because you fail to maintain sufficient security over your account, username and/or password. If you are accessing and using the Website on someone else’s behalf, you represent that you have the authority to bind that person as the principal to these Terms of Use and the Terms of Sale, and to the extent you do not have such authority you agree to be bound to these Terms of Use and the Terms of Sale and to accept liability for harm caused by any wrongful use of the Website resulting from such access or use. We have the right to disable any username or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.

ORDERING PRODUCTS

You acknowledge and agree that, in addition to these Terms of Use, the Terms of Sale apply to any transaction you make through the Website. By entering any transaction through the Website, you agree that you have read, understood and agree to our Terms of Sale (including as amended from time to time).

INTELLECTUAL PROPERTY RIGHTS

CTBHKL and its Affiliates (defined below) are the owners or licensees of all present and future copyright, registered and unregistered trademarks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights around the world existing in or in relation to the Website ("IPR"). An affiliate is any entity that directly or indirectly controls, is controlled by, or is under common control with another entity (Affiliates).

Any avatar animation including but not limited to avatar characters, backgrounds, props, specific animations, movements and voice performances are CTBL and/or its Affiliates IPR.

Unless you have agreed otherwise in writing with CTBHKL or any of its Affiliates, nothing in these Terms of Use gives you a right to use any of the Content, CTBHKL’s or any of its Affiliates' trademarks or other IPR of CTBHKL or any of its Affiliates. You may not assign or transfer any of the Contents and you may not grant a license to use or access the Website to any party.

You are permitted to use the Content only as expressly authorised by us.

You acknowledge and agree that the material and Content contained on this Website is made available for your personal non-commercial use only and that you may download such material and Content onto only one device for such purpose. Any other use of any material and Content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and Content.

If you print off, copy or download any part of our site in breach of these Terms of Use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. We also reserve the right to take legal action against you if we deem necessary and reserve all rights in this regard.

You are not permitted to use any of our IPR and/or other intellectual property (including our registered or unregistered trademarks and/or copyright) without our prior written approval. This can be requested by contacting us (refer to the Contact Us section for more details).

USER CONTENT

Whenever you post content, such as a product review, to our Website you must comply with the provisions set out below:

You may only use this Website for lawful purposes. You must ensure that any comment or activity that you intend to post or upload to our Website or provide or make to us via this Website or any function of this Website including LiveVideo and LiveChat:

Does not contravene any applicable laws or contravene any person's legal rights (such as, by way of example only, a duty of confidence) or promote, advocate or assist any illegal activity (such as, by way of example only, copyright infringement or computer misuse);

Is not indecent or obscene, does not contain any sexually explicit material and does not promote or refer to sexual activity

Is not abusive, offensive, hateful, threatening or inflammatory, is respectful of other people’s privacy and is not likely to harass, upset, embarrass, alarm, deceive, inconvenience or annoy anyone;

Does not promote violence;

Is not used to impersonate anyone or to misrepresent identity or affiliation with any person or organisation;

Is not libellous or defamatory

Does not promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

Does not infringe any copyright, database right or trademarks of any person;

Does not give the impression that it emanates from us (unless that is in fact the case);

Is accurate (where it contains statements); and

Only contains opinions if they are genuinely held (and which must not breach any of the other requirements as to content).

You hereby acknowledge and agree that you are solely responsible for the form, content and accuracy of any comments that you post on the Website and that you will indemnify us and keep us indemnified for any breach of this clause. This means that you will be responsible for any loss or damage we suffer as a result of anything you upload or post to our Website that does not comply with these Terms of Use. We reserve the right to remove material from the Website at any time without notice. Unless as otherwise prohibited by law, we have the right to disclose your identity and other relevant information to law enforcement authorities as we consider necessary. We also have the right, unless as otherwise prohibited by law, to disclose your identity to any third party who is claiming that any content posted or uploaded to our Website by you constitutes a violation of their intellectual property rights or of their right to privacy. Your right to use this Website will cease immediately if you breach any of the provisions of this clause. Any content you post or upload to our Website will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose.

LIMITATION OF LIABILITY

We exclude all representations, warranties, conditions and terms express or implied by statute, common law or otherwise to the fullest extent permitted by law. We accept no liability for any special, indirect, incidental, consequential or economic loss howsoever caused arising out of or in connection with these Terms of Use.

We provide the content on the Website in good faith but give no warranty or representation that the content is accurate, complete or up-to-date, nor that the Website does not infringe the rights of any third party. We accept no responsibility or liability for your use of content on the Website and such use is entirely at your own risk. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs on the Website, we accept no liability for them.

Information transmitted via this Website will pass over public telecommunications networks. We make no representation or warranty that the operation of this Website will be uninterrupted or error free and disclaim all liability in respect thereof.

Nothing in these Terms of Use shall limit our liability for personal injury or death arising out of negligence or fraud.

Any material and information presented by CTBHKL on the Website or with any products sold through the Website is intended to be used for informational purposes only. Any statements and products are not intended to diagnose, treat, cure or prevent any condition or disease. All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. Use of the Website is not meant to serve as a substitute for professional medical advice or medical resource. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Website before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. CTBHKL does not give or intend to give any answers to medical related questions and does not represent itself as a physician nor is this implied.

THIRD PARTY LINKS

This Website may contain links to other websites. We accept no responsibility or liability for any material supplied by or contained on any third party website which is linked from or to this Website.

PRIVACY AND PERSONAL INFORMATION

We will not sell, distribute or lease your personal data to third parties. However, we may share your personal data with third parties where we have your consent to do so (as per our Privacy Policy & Cookies Policy or are required by applicable law to do so.

TERMINATION AND SUSPENSION

We reserve the right to suspend your use of the Website at any time for operational, regulatory, legal or any other reason as we deem necessary. We may terminate your use of the Website with immediate effect if you breach any of these Terms of Use.

We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted.

AMENDMENTS TO THESE TERMS OF USE

We may update or amend these Terms of Use from time to time to comply with applicable laws or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the Website. By continuing to use the Website, you agree to be bound by the terms of these updates and amendments.

FURTHER KEY TERMS

If any of these Terms of Use are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms of Use shall remain in full force and effect.

Only you and we shall be entitled to enforce these Terms of Use. No third party shall be entitled to enforce any of these Terms of Use, whether by virtue of the Contracts (Rights of Third Parties) Ordinance (Cap. 623) or otherwise.

These Terms of Use set out the entire agreement between you and us and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law, which relate to the use of the Website. Any delay or failure by us to exercise any right we may have under these Terms of Use shall not constitute a waiver by us of that right.

These Terms of Sale are governed by the laws of the Hong Kong Special Administrative Region. In the event of any matter or dispute arising out of or in connection with these Terms of Sale, you and we shall submit to the exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region.

Last Revised: August 2020

PLEASE READ THESE LICENCE TERMS CAREFULLY

BY CLICKING ON THE "ACCEPT" BUTTON BELOW YOU AGREE TO THESE TERMS WHICH WILL BIND YOU. IF YOU DO NOT AGREE TO THESE TERMS, CLICK ON THE "REJECT" BUTTON BELOW.

WHO WE ARE AND WHAT THIS AGREEMENT DOES

We CHARLOTTE TILBURY BEAUTY LIMITED, a company registered in England and Wales (company registration number is 08037372), whose registered office is at 8 Surrey Street, London, United Kingdom WC2R 2ND (“CTBL”) license you to use: · Charlotte Tilbury mobile application software (“App”) and any updates or supplements to it. · The related online documentation (“Documentation”). · The service you connect to via the App and the content we provide to you through it (Service). as permitted in these terms.

YOUR PRIVACY

We only use any personal data we collect through your use of the App and the Services in the ways set out in our Privacy Policy and Cookies Policy. We will not sell, distribute or lease your personal data to third parties. However, we may share your personal data with third parties where we have your consent to do so as per our Privacy Policy & Cookies Policy or are required by applicable law to do so. When you download the App you will be given the option to accept tracking so that we can tailor your App experience so it is bespoke to you, and show you products, news and content based on what you love.

Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

GOOGLE PLAY STORE AND APPLE APP STORE TERMS ALSO APPLY

The ways in which you can use the App and Documentation may also be controlled by the Google Play Store Terms of Service and the Apple App Store Terms of Service will apply instead of these terms where there are differences between the two.

OPERATING SYSTEM REQUIREMENTS

This app requires iOS 14.0 or later version or Android 7.0 device or later version.

SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS

Support. If you want to learn more about the App or the Service or have any problems using them please take a look at our support resources at CT.com. Contacting us (including with complaints). If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please email our Customer Care Team at customercare@charlottetilbury.com or via the contact details linked here. How we will communicate with you. If we have to contact you we will do so by email or using the contact details you have provided to us.

HOW YOU MAY USE THE APP

In return for your agreeing to comply with these terms you may: · download or stream a copy of the App onto and view, use and display the App and the Service on such devices for your personal purposes only. · use any Documentation to support your permitted use of the App and the Service. You agree to use the App only for lawful purposes and in a way which does not infringe the rights of any anyone else or restrict or inhibit anyone else's use and enjoyment of the App. You must be 18 or over to accept these terms and download the App.

YOU MAY NOT TRANSFER THE APP TO SOMEONE ELSE

We are giving you personally the right to use the App and the Service as set out above. You may not otherwise transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.

UPDATE TO THE APP AND CHANGES TO THE SERVICE

From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services. The App will always match the description of it provided to you when you downloaded

IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING

If you download or stream the App onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.

WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE

By using the App or any of the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware, and peripherals to improve our products and to provide any Services to you.

WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO

The App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any). You will need to make your own independent judgment about whether to use any such independent sites, including whether to buy any products or services offered by them.

LICENCE RESTRICTIONS

You agree that you will: · not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us; · not copy the App, Documentation or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security; · not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms; · not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities: • is not disclosed or communicated without the Licensor's prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and • is not used to create any software that is substantially similar in its expression to the App; • is kept secure; and • is used only for the Permitted Objective; · comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.

ACCEPTABLE USE RESTRICTIONS

You must: · not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system; · not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including by the submission of any material (to the extent that such use is not licensed by these terms); · not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service; · not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and · not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service. INTELLECTUAL PROPERTY RIGHTS All intellectual property rights in the App, the Documentation and the Services throughout the world belong to us (or our licensors) and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these terms. CTBL and its Affiliates (defined below) are the owners or licensees of all present and future copyright, registered and unregistered trademarks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights around the world existing in or in relation to the App ("IPR"). An affiliate is any entity that directly or indirectly controls, is controlled by, or is under common control with another entity ("Affiliates”).

Any avatar animation including but not limited to avatar characters, backgrounds, props, specific animations, movements and voice performances are CTBL and/or its Affiliates IPR.

Unless you have agreed otherwise in writing with CTBL or any of its Affiliates, nothing in these Terms gives you a right to use CTBL’s or any of its Affiliates' trademarks or other IPR of CTBL or any of its Affiliates.

You are not permitted to use any of our intellectual property (including our registered or unregistered trademarks and/or copyright).

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation. We are not liable for business losses. The App is for domestic and private use. If you use the App 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. Limitations to the App and the Services. The App and the Services are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date. Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service. Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the app store site and in the Documentation) meet your requirements. We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.

WE MAY END YOUR RIGHTS TO USE THE APP AND THE SERVICES IF YOU BREAK THESE TERMS

We may end your rights to use the App and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so. If we end your rights to use the App and Services: · You must stop all activities authorised by these terms, including your use of the App and any Services. · You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this. · We may remotely access your devices and remove the App from them and cease providing you with access to the Services. We do not guarantee that our App, or any content on it, will always be available or be uninterrupted.

WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE

You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

NO RIGHTS FOR THIRD PARTIES

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS

These Terms are governed by English law. In the event of any matter or dispute arising out of or in connection with these Terms, you and we shall submit to the exclusive jurisdiction of the English courts.

AMENDMENTS TO THESE LICENSE TERMS

We may update or amend these Terms from time to time to comply with applicable laws or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the App. By continuing to use the App, you agree to be bound by the terms of these updates and amendments.