Terms and Conditions

Terms and Conditions

In using this website you are deemed to have read and agreed to the following terms and conditions:

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words, in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Privacy Statement

We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offenses for unauthorized actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible

Confidentiality

We are registered under the Data Protection Act 1998 and as such, any information concerning the Client and their respective Client Records may be passed to third parties. However, Client records are regarded as confidential and therefore will not be divulged to any third party, other than our manufacturer/supplier(s) and if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.

We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.

Exclusions and Limitations

The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, this Company:

  • excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
  • Excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

This Company does not, however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

Payment

By credit card or PayPal system only a. Our Terms are payment in full before shipment.

Cancellation Policy

Minimum 24 hours notice of cancellation required. Notification for instance, in person, via email, mobile phone ‘text message’ and/or fax, or any other means will be accepted subject to confirmation in writing. We reserve the right to levy a $30 charge to cover any subsequent administrative expenses.

Termination of Agreements and Refunds Policy

Both the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused Services, shall be refunded.

Availability

You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

Log Files

We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

Cookies

Like most interactive web sites this Company’s website (or ISP) uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies. If you do not use cookies, delete this clause

Links to this website

You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

Links from this website

We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or the content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Copyright Notice

Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website.

This Company’s logo is a registered trademark of this Company in the United Kingdom and other countries. The brand names and specific services of this Company featured on this web site are trade marked.

Communication

We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone, facsimile or mobile telephone numbers.

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

General

The laws of ISRAEL England govern these terms and conditions. By accessing this website and using our services/buying our products you consent to these terms and conditions and to the exclusive jurisdiction of the Israeli courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.

Notification of Changes

The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis

These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.

DATA PROCESSING AGREEMENT

 

This Data Processing Agreement (“DPA”) is formed between HB Health & Beauty and their users. This DPA is part of HB Health & Beauty Terms of Service Agreement (“TOS”) and is incorporated by reference herein.

 

Definitions “Affiliate” means an entity that directly or indirectly Controls, is Controlled by, or is under common Control with an entity. “Controller” means the natural or legal person, public authority, agency, or any other body which alone or jointly with others determines the purposes and means of the Processing of personal data. “Customer Data” means any Personal Data that HB Health & Beauty Processes on behalf of the Customer as a Data Processor in the course of providing its Services. “Data Breach” means any unauthorized or unlawful breach of security that leads to the accidental or unlawful destruction, damage, loss, alteration, unauthorized disclosure of, or access to, personal data transmitted, stored, or otherwise Processed. “Data Protection Laws” means all data protection and privacy “EEA” means, for the purposes of this DPA, the European Economic Area, United Kingdom, and Switzerland. “GDPR” means the Regulation (EU) 2016/679 of the European Parliament and the Council of 27 April 2016 on the protection of natural persons with regard to the Processing of Personal Data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation). “Personal Data” means any information relating to an identified or identifiable natural person. “Privacy Shield” means the EU-U.S. Privacy Shield Framework and SwissU.S. Privacy Shield Framework self-certification program operated by the U.S. Department of Commerce and approved by the European Commission pursuant to Decision C(2016)4176 of July 12, 2016, and by the Swiss Federal Council on January 11, 2017. “Process,” “Processed,” “Processes,” and “Processing” means any operation or set of operations which is performed upon Personal Data, whether or not by automatic means, such as collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction. “Processor” means a natural or legal person, public authority, agency, or any other body which Processes Personal Data on behalf of the controller. “Services” means any product or service provided by HB Health & Beauty pursuant to HB Health & Beauty Terms of Service Agreement (“TOS”). “Subprocessor” means any third-party Processor engaged by HB Health & Beauty. “TOS” means HB Health & Beauty Terms of Service Agreement which governs the provision of Services to Customer. 2. Applicability of this DPA a. This DPA applies to EU/EEA Customers Processing personal data on behalf of EU/EEA Data Subjects. 3. Roles of Parties a. Customer is the Controller, HB Health & Beauty is the Processor, and HB Health & Beauty engages Subprocessors according to the terms of this DPA. 4. Customer’s Processing of Personal Data a. Customer is responsible for the control of Personal Data and will remain the Controller for purposes of HB Health & Beauty Services, the TOS, and DPA. Customer is responsible for complying with its obligations as Controller, in particular for justification of any transmission of Personal Data to HB Health & Beauty (including providing any required notices and obtaining any required consents), and for its decisions and actions concerning the Processing and use of Customer Data. b. Except as provided in this DPA, Customer is responsible for its secure use of the Services, including securing its account authentication credentials, protecting the security of Customer Data when in transit to and from the Services, and taking all appropriate steps to securely encrypt and/or backup all Customer Data uploaded to the Services. 5. HB Health & Beauty Processing of Personal Data a. HB Health & Beauty shall Process Customer Data only for Data and Processing outside the scope of these instructions shall require prior written agreement by HB Health & Beauty and Customer. 6. Details of HB Health & Beauty Data Processing a. Nature and Purpose of Processing: HB Health & Beauty will Process Customer Data as necessary to perform the Services and HB Health & Beauty obligations under the TOS and DPA or as otherwise agreed in writing by HB Health & Beauty and Customer. b. Subject Matter of Processing: The subject matter of the Processing under this DPA is the Customer Data. c. Duration of Processing: HB Health & Beauty will Process Customer Data for the duration of the TOS unless otherwise agreed upon in writing by HB Health & Beauty and Customer. d. Categories of Data Subjects: I. Any individual accessing and/or using the Services through the Customer’s account (“Users”); and II. Any individual whose email address is included in the Customer’s distribution list; whose information is stored on or collected via the Services; or to whom Users send emails or otherwise engage or communicate with via the Services (collectively, “Subscribers”). e. Types of Customer Data: I. Customers, Users, and Subscribers: identification and contact data (name, date of birth, gender, address, title, contact details, username, or other demographic information); financial information (credit card details, account details, payment information); employment details (employer, job title, geographic location, area of responsibility), IT information (IP address, usage data, cookies data, online navigation data, location data, browser data, access device information); personal interests or preferences (purchase history, marketing preferences, website preferences, publicly available social media profile information). f. Customer agrees that in connection with the performance of the Services, HB Health & Beauty employs the use of cookies, unique identifiers, web beacons, and similar tracking technologies. Customer shall maintain notice, consent, opt-in and opt-out mechanisms as required by Privacy Shield and Data Protection Laws to enable HB Health & Beauty to employ tracking technologies lawfully on, and collect data from, the devices of Subscribers in accordance with and as described in the HB Health & Beauty Cookie Policy. g. Notwithstanding anything to the contrary in the TOS and DPA, Customer agrees that HB Health & Beauty shall have the right to use and disclose data relating to the operation, support, and/or use of the Services for its legitimate business purposes, such as billing, account management, technical support, product development, and sales and marketing. To the extent that any such data is considered Personal Data under Privacy Shield and Data Protection Laws, HB Health & Beauty is the Controller of such data and accordingly shall Process such data in accordance with HB Health & Beauty Privacy Policy, Privacy Shield, and Data Protection Laws. 7. Data Subject Requests a. HB Health & Beauty Services provide Customer with controls to retrieve, correct, delete, or restrict Customer Data, which Customer may use in connection with its obligations under Data Protection Laws, including responding to requests from data protection authorities or Data Subjects. Requests from Data Subjects may include the Data Subject’s right of access, right to rectification, restriction from Processing, erasure (“right to be forgotten”), data portability, and object to the Processing. To the extent that Customer is unable to independently access the relevant Customer Data within the Services, HB Health & Beauty will, at Customer’s expense, provide reasonable assistance to help Customer respond to requests from Data Subjects or data protection authorities relating to the Processing of Personal Data under the DPA. In the event any request is made directly to HB Health & Beauty, HB Health & Beauty will not respond to the request directly without Customer’s prior authorization, unless legally compelled to do so. If HB Health & Beauty is required to respond to a request, HB Health & Beauty will promptly notify Customer and provide it with a copy of the request unless legally prohibited from doing so. b. If a law enforcement agency sends HB Health & Beauty a demand for Customer Data for example, through a subpoena or court order, HB Health & Beauty will attempt to redirect the law enforcement agency to request that data directly from Customer. As part of this effort, HB Health & Beauty may provide Customer’s basic contact information to the law enforcement agency. If compelled to disclose Customer Data to a law enforcement agency, HB Health & Beauty will give Customer reasonable notice of the demand to allow Customer to seek a protective order or other appropriate remedy unless HB Health & Beauty is legally prohibited from doing so. c. To the extent HB Health & Beauty is required by law, HB Health & Beauty will, at Customer’s expense, provide reasonably requested information regarding the Services to enable Customer to carry out data protection impact assessments or prior consultations with data protection authorities as required by Data Protection Laws. 8. Subprocessors a. Customer agrees that HB Health & Beauty may engage Subprocessors to Process Customer Data on Customer’s behalf in connection with HB Health & Beauty provision of its Services. b. HB Health & Beauty shall enter into an agreement with Subprocessors imposing data protection obligations that require Subprocessors to protect Customer Data to the standard required by Privacy Shield and Data Protection Laws. c. HB Health & Beauty is responsible for its compliance with this DPA and for any acts or omissions of its Subprocessors that cause HB Health & Beauty to breach any of its obligations under this DPA. d. Customer may request that HB Health & Beauty provide information related to Subprocessors’ implementation of the data protection obligations required by Privacy Shield and Data Protection Laws, including relevant terms of HB Health & Beauty agreement with Subprocessors. If the agreement contains confidential information, HB Health & Beauty may provide a redacted version. 9. Changes to Subprocessors a. HB Health & Beauty maintains a list of Subprocessors that Process Personal Data of its Customers and will provide a copy of that list to Customer upon request. If Customer has requested a list of HB Health & Beauty Subprocessors, HB Health & Beauty will notify Customer via email if it adds Subprocessors at least ten (10) days prior to any such changes. b. Customer may object in writing to HB Health & Beauty addition of a new Subprocessor within five (5) business days of such notice, provided that such objection is based on reasonable grounds relating to Data Protection Laws. In such event, HB Health & Beauty and Customer shall discuss such concerns in a good faith effort to achieve resolution. If resolution is impossible, Customer may terminate the TOS by providing written notice to HB Health & Beauty. HB Health & Beauty will return any prepaid but unused Customer fees for the period following the effective date of termination. 10. HB Health & Beauty Personnel a. HB Health & Beauty shall ensure that any person authorized to Process Personal Data is informed of the confidential nature of Personal Data and has executed written confidentiality agreements. 11. Return or Deletion of Customer Data a. Upon termination or expiration of the TOS, HB Health & Beauty shall, at Customer’s request, delete or return to Customer all Customer Data in its possession or control except: I. Customer Data that HB Health & Beauty is required by law to retain; and II. Customer Data archived on back-up systems which HB Health & Beauty will securely isolate and protect from any further Processing, except to the extent required by law. b. Customer is responsible for any costs arising from the return or deletion of Customer Data after the termination or expiration of the TOS. 12. Security a. HB Health & Beauty shall maintain appropriate technical and organizational measures for protection of the security (including protection against unauthorized or unlawful Processing and against accidental or unlawful destruction, loss or alteration or damage, unauthorized disclosure of, or access to, Customer Data), confidentiality, and integrity of Customer Data. HB Health & Beauty regularly monitors compliance with these measures. HB Health & Beauty Security Policy will be updated from time to time in accordance with this DPA. b. Customer agrees it is responsible for reviewing the information made available by HB Health & Beauty relating to its data security and making an independent determination as to whether the Services meet Customer’s requirements and legal obligations under Privacy Shield and/or Data Protection Laws. c. Upon Customer’s written request not more than once per year, and subject to the confidentiality obligations set forth in the TOS and DPA, HB Health & Beauty shall make available to Customer that is not a competitor of HB Health & Beauty, information necessary to confirm HB Health & Beauty compliance with its Security Policy and this DPA. 13. Data Breach Response a. Upon becoming aware of a Data Breach, HB Health & Beauty will notify Customer without undue delay and provide timely information relating to the Data Breach as it becomes known or as is reasonably requested by Customer. The obligations herein shall not apply to incidents that are caused by Customer or Customer’s Users. 14. International Transfers a. If HB Health & Beauty Processes any Customer Data protected by Data Protection Laws under the TOS and DPA and/or that originates from the EEA, in a country that has not been designated by the European Commission, or Swiss Federal Data Protection Authority (as applicable) as providing an adequate level of protection for Personal Data, the parties agree that HB Health & Beauty shall be deemed to provide adequate protection (within the meaning of GDPR) for any such Customer Data by having self-certified its compliance with Privacy Shield. b. The parties agree that the international data transfer solution identified in Section 13(a) shall not apply if and to the extent that HB Health & Beauty adopts an alternative data export solution for the lawful transfer of Personal Data (as recognized by GDPR) outside of the EEA, in which event, the alternative data export solution shall apply instead, but only to the extent that the alternative data export solutions extends to the regions to which Personal Data is transferred. 15. Miscellaneous a. HB Health & Beauty and Customer agree that this DPA replaces any existing DPA the parties may have previously entered into in connection with the Services. b. Except for the changes made by this DPA, the TOS remains unchanged and in full force and effect. If there is any conflict between this DPA and the TOS, the relevant terms of this DPA take precedence. c. Any claims brought under or in connection with this DPA are subject to the terms and conditions, including but not limited to, the exclusions and limitations set forth in the TOS. d. No one other than a party to this DPA, its successors, and permitted assignees have any right to enforce any of its terms. e. Any claims against HB Health & Beauty or its Affiliates under this DPA shall be.