INGENUITY WEBSITE TERMS
Part 1: Last Updated: October 14, 2022
1.2 By using the Website you agree that you accept these Terms and that you will comply with them.
1.3 If you do not agree to these Terms, you must not access or use the Website.
1.4 Please read these Terms carefully and print a copy for your future reference as we will not file a copy of these Terms and may also update them from time to time. If you have any queries then please contact us.
- WHO WE ARE AND HOW TO CONTACT US
Who we are
2.1 The Website is owned by Anastasia Beverly Hills, LLC (‘ABH’) and operated on our behalf by The Hut.com Limited (‘Hut’, and collectively ‘we’, ‘us’ or ‘our’)
2.2 Hut is a limited company registered in England and Wales under company number 05016010. Our registered office address and main trading address is at 5th Floor, Voyager House, Chicago Avenue, Manchester Airport, M90 3DQ. Our VAT registration number is GB974860768.
How can I contact you?
2.3 To contact us, please contact our customer services team by logging on to your account via our Help Centre.
2.4 If you would like to make a complaint or feel that any material appearing on the Website is offensive, objectionable or potentially defamatory please contact us via the details in section 2.3 above and provide full details of the nature of your complaint and the materials to which the complaint relates.
- OTHER TERMS THAT MAY APPLY TO YOU
Are there any other terms which apply when I use the Website?
3.1 These Terms refer to the following additional terms and conditions, which also apply to your use of our Website:
Are there any other terms which could apply to me?
3.2 If you are buying goods or services from our Website then Hut’s Terms and Conditions of Sale will apply to the sale of those goods and services to you.
- WE MAY MAKE CHANGES TO THESE TERMS
Our right to make changes to the Terms
4.1 We may update these Terms from time to time. We will give you reasonable notice of any major changes via a suitable announcement on the Website.
When will the changes apply?
4.2 The changes will apply to your use of the Website after we have given such announcement.
What should I do if I don’t want to accept the changes?
4.3 If you do not wish to accept the new terms you should not continue to use the Website. If you continue to use the Website after the date on which the change comes into effect, your use of the Website indicates your agreement to be bound by the new terms.
4.4 Please check these Terms to ensure you understand the terms and conditions that apply at that time.
- WE MAY MAKE CHANGES TO THE WEBSITE
We may update and change the Website from time to time. We will try to give you reasonable notice of any major changes.
- USE OF OUR WEBSITE
You must keep your account details safe
6.1 If you choose, or you are provided with, a user identification code, 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.
We may disable access to your account
6.2 We have the right to disable any user identification code 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 these Terms.
6.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us.
Your use of the Website
6.4 We only provide the Website for domestic and private use. You agree not to use the Website for any commercial or business purposes.
6.5 The Website may only be used for lawful purposes. You agree to comply with all applicable laws and regulations regarding the Website and its use.
6.6 You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.
6.7 Our status (and that of any identified contributors) as the authors of content on the Website must always be acknowledged.
What can’t I do?
6.8 You must not knowingly:
- upload or transmit through the Website any computer viruses, Trojans, worms, logic bombs or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer;
- upload or transmit through the Website any material which is defamatory, offensive or of an obscene character;
- attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website; or
- attack our Website via a denial-of-service attack or a distributed denial-of service attack.
- use the Website to send or post harassing, abusive, or threatening messages;
- solicit passwords or personal information for commercial or unlawful purposes, including hidden pages, links, or images;
- provide instructional information about illegal activities, or which threatens our relationships with our partners, customers or suppliers;
- attempt to conceal or misrepresent the identity of the sender or person submitting the information, or otherwise invading someone’s privacy;
- disrupt the normal flow of the Services, including any dialogue on the Services, or otherwise acting in a manner that negatively affects other participants;
- send spam or other direct marketing communications or posting, transmitting or linking to any unsolicited advertising, promotional materials, or any other forms of solicitation or commercial content;
- intentionally or unintentionally perform or promote any activity that would violate any applicable local, provincial/state, national or international law, including but not limited to any regulations having the force of law while using or accessing the Website;
- post reviews or otherwise use the Website in such a way that damages the image or rights of ABH, other users, or third parties;
- use a robot, spider, or other automatic program or device or manual process to monitor, copy, summarize, or otherwise extract information from the Website in whole or in part, including, without limitation, creating any frames at any other services pertaining to any portions of the Website or any frames at any portions of the Website pertaining to any other portions of the Website; or
- attempt to circumvent, disable or otherwise interfere with security-related features of the Website that prevent or restrict use or copying of any Proprietary Material or enforce limitations on use of the Website.
6.9 If you are in the United Kingdom, by breaching section 6.8, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach of your obligations in section 6.8, regardless of whether this constitutes a breach of UK law, to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
We are not responsible for viruses or other harmful material
6.10 We will not be responsible 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 Website or to your downloading of any material posted on it, or on any website linked to it.
We may monitor your use of the Website
6.11 We may disclose such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
6.12 You acknowledge that we have no obligation to monitor your access to or use of the Website, but that we have the right to do so for the purpose of operating the Website, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to any content that we, at our sole discretion, consider to be in violation of these Terms or otherwise harmful to the Website provided.
- UPLOADING CONTENT TO OUR WEBSITE
7.1 Whenever you post content to our Website, you agree and confirm that:
- you own or otherwise control all of the rights to the content that you post;
- the content and material is accurate; and
- use of the content and material will not cause injury to any person or entity (including that the content or material is not defamatory).
You agree to indemnify us for all claims brought by a third party against us arising out of or in connection with a breach of this section 7.1. This means that you will be responsible for any loss or damage we suffer as a result of your breach of section 7.1.
Your rights in the content which you post to our Website
7.2 Any content uploaded to our Website will be considered non-confidential and non-proprietary. You will retain all of your ownership rights in your content but you are required to grant us (and our sub-licensees if required) a licence to use, copy, reproduce, publish, translate, create derivative works, modify and adapt your content and to distribute and make it available to third parties (see section 7.6 for more information about this).
7.3 You agree to waive your right to be identified as the author of the content and your right to object to derogatory treatment of the content.
We may disclose your identity to third parties in certain circumstances
7.4 To the extent permitted by applicable laws, we may have to disclose your identity to a third party who claims that content posted or uploaded by you to our Website constitutes a violation of their intellectual property rights or privacy rights.
We may remove your content
7.5 We may remove any post you make on our Website if in our opinion your post does not comply with our guidelines.
Rights you are giving us to use content uploaded by you to our Website
7.6 By uploading or posting content to our Website, you grant us the following rights to use that content:
- a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, copy, distribute, and display such content throughout the world in any media; and
- grant us and our sub-licensees the right to use the name that you submit in connection with such content.
7.7 If we reasonably request you to do so, you agree to do such further acts and execute all documents which may from time to time be necessary to give full effect to this section 7.
- HOW WE USE YOUR PERSONAL INFORMATION
8.2 By using this Website, you:
- consent to such processing and you warrant that all data provided by you is accurate; and
- authorise Hut to transmit information (including updated information) to obtain information from third parties, including but not limited to, your debit or credit card numbers or credit reports to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
- OUR INTELLECTUAL PROPERTY RIGHTS IN OUR WEBSITE
Our intellectual property rights in the Website and its content
9.1 Other than in relation to links to third party websites. Content included on or comprising the Website, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material, excluding user generated content (collectively “Proprietary Material”) are protected by copyrights, trademarks, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Proprietary Material is copyrighted as a collective work under the U.S. and international copyright laws, and ABH owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of such Proprietary Material. Except as expressly authorized or licensed, you may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Proprietary Material, in whole or in part. Modification of the materials appearing on the Services or use of such materials for any other purpose is a violation of our copyright and other proprietary rights. Any rights not expressly granted herein are reserved.
9.2 The ABH logos and other trademarks on the site are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by ABH and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.
9.3 You are not permitted to use our intellectual property without our approval, unless expressly permitted under the section 6 (Use of our Website).
- WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES WHICH WE LINK TO
10.1 As a convenience to you, the Website may include links to other websites or material which is provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
10.2 We have no control over the content of those websites or resources and we accept no responsibility for the availability, suitability or content of such websites and nor do we review or endorse them or any views expressed within them.
10.3 We will not be responsible for the privacy practices or content of such websites nor will we be responsible for any damage, loss or offence caused or alleged to be caused that may arise from your use of them.
- DO NOT RELY ON INFORMATION ON OUR WEBSITE
11.1 The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.
11.2 Although we make reasonable efforts to update the information on our Website, to the maximum extent permitted by applicable laws, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date.
11.3 If we are informed of any inaccuracies in the material on the Website we will correct this as soon as we reasonably can.
- OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
12.1 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 and any liability for fraud or fraudulent misrepresentation.
12.2 We provide you with access to the Website free of charge and subject to section 12.1 above, we will not be responsible for any loss, injury or damage of whatever kind caused in whole or in part by:
- incompatibility of the Website with any of your equipment, software or telecommunications links;
- technical problems including errors or interruptions of the Website;
- unsuitability, unreliability or inaccuracy of the Website; and
- failure of the Website to meet your requirements.
12.3 The Website is provided on an 'as is' and 'as available' basis without any representation or endorsement made and to the maximum extent permitted by applicable laws we make no warranties in relation to it and its use. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the internet.
- OUR RIGHTS IF YOU BREACH THESE TERMS
13.1 Should you make any illegal and/or unauthorised use of the Website, and/or fail to comply with these Terms, we may take such action as we reasonably determine to be appropriate including amongst other measures temporarily or permanently removing your registration and right to use the Website.
- WE MAY SUSPEND OR WITHDRAW OUR WEBSITE
14.1 Our Website is made available free of charge.
14.2 We may suspend or withdraw all or any part of our Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
14.3 We may disable any user identification code or password we have provided to you, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of these Terms.
- NOBODY ELSE HAS RIGHTS UNDER THESE TERMS
Only you and we are entitled to enforce these Terms. No other person will be entitled to enforce any provision of these Terms.
- WHAT HAPPENS IF PARTS OF THESE TERMS BECOME INVALID?
If any part of the Terms is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of the Terms.
- EVEN IF WE DELAY ENFORCING THESE TERMS, WE CAN STILL ENFORCE THEM LATER
Any delay or failure by us in exercising, or any waiver by us of, our rights under or in connection with these Terms will not limit or restrict the future exercise or enforceability of those rights.
- WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?
These Terms shall be governed by and construed in accordance with the laws of England and Wales and any disputes will be decided only by the English courts except that (i) if you are acting as a consumer and are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, (ii) if you are a consumer and a resident in Scotland you may also bring proceedings in Scotland, (iii) if you are a consumer and a resident in Australia you may also bring proceedings in Australia (in the State or Territory in which you reside).