The woman&home Beauty Counter community enables you to receive product samples from brands. A service like woman&home Beauty Counter (which, in this document, we’ll also refer to as “the Service”) requires people to interact with each other (us included) within some kind of framework designed to keep everybody safe and free from harm. In essence, that framework is provided by these Registration Terms, which we’ll refer to as “the Terms”.
woman&home Beauty Counter available at us.beautycounter.womanandhome.com is delivered by Future Publishing Limited ("Future"), a company located at Quay House, The Ambury, Bath, BA1 1UA, under registered number 02008885.
We use a third party called SoPost Limited ("SoPost"), a company incorporated in England under registered number 08216668, to manage and administer the Service and deliver the product samples to you. SoPost Limited’s registered office is at The Core, Bath Lane, Newcastle-Upon-Tyne, NE4 5TF.
When we use words like "you" and "your", we are referring to you, who, we hope, will soon be a registered user of the Service. When we refer to the “Website” we are referring to one that we host at us.beautycounter.womanandhome.com and any subdomains that we create.
Acceptance; Your Registration
There’s not much that you need to do to complete your registration. Just complete a simple form on our Website with your personal details including a postal address to which we can send your samples, and tell us a little about your lifestyle and beauty preferences so we can send you the most relevant products and updates. We will handle that information in accordance with Future’s Privacy Notice, which along with our Future Website Terms & Conditions, forms part of these Terms and thereby, our contract with you.
You will also need to check the box that is your confirmation that you accept these Terms. If you don’t do that, you won’t be able to complete your registration and that would be a shame. But if you do check the box and submit your registration to us, please bear in mind that you are entering into a contract with Future and not the brands from whom the samples will come) and that contract is, of course, based on these Terms.
If you register and subsequently decide not to use the Service, there’s nothing you are required to do. If you wish, you can have your registration terminated by deleting your account, which you can do in the account area under ‘Edit’ then ‘Account’.
Once you register with us, we suggest you print off a copy of these Terms for your records. If you do, please bear in mind, however, that the Terms might change in the future, especially since we may add functionality to the Service over time. For that reason, when you complete your registration to use woman&home Beauty Counter, you will be asked to accept the current version of the Terms.
Your Registration Account Details
You are responsible for maintaining the confidentiality of your registration, including, but not limited to, the restriction of access to your device and/or your registration. You agree to accept responsibility for any and all activities that occur under your registration, including, but not limited to, any activity that occurs as a result of your failure to keep secure and maintain the confidentiality of your registration. It is your sole responsibility to control the dissemination and use of your authorised link, control access to and use of your registration, and notify us when you desire to cancel your registration on the Website. You may not use anyone else’s authorised link or account at any time on the Website. We will not be responsible or liable for any loss or damage arising from your failure to comply with these requirements and you may be held liable for any losses incurred by us or any other user of the Website if your failure to keep your account information secure and confidential results in someone else’s use of your registration or registration information. If you know of or suspect that anyone other than you knows your registration information, you must promptly notify us at firstname.lastname@example.org.
Other registration and entry conditions
You must confirm that you are at least 18 years of age and capable of entering into binding contracts. Assuming then that you are aged 18 or over, your registration on these Terms gives rise to a contract between you and us that is binding on both you and us and those that may later inherit from us the benefit of the contracts that we have formed with you and others like you. You may not transfer or sell your rights under this contract to anybody else nor may you use it as security for anything. The nature of running a Service like woman&home Beauty Counter means that we may, for some reason, have to ‘assign’ the contract that we’ve formed with you to another business (for example, as part of a restructure or if woman&home Beauty Counter is bought by another company).
The woman&home Beauty Counter community is currently only available in the 50 states of USA, as well as the District of Columbia, and you will only be able to register with an address for delivery in these states and districts.
All samples are free to claim. However, you are expected to pay your own costs of connecting to the Service and Website.
All sample campaigns may be subject to additional rules. These will be listed in the special terms and conditions buttons on the campaign entry page.
How you can terminate your Account
You can terminate your registration at any time. To terminate your registration, please log in to your account (go to "Settings" -> "Privacy" -> "Delete account") and submit the deletion request. From here, your account will be deleted and you will no longer be able to access or use the Service.
Your Use of woman&home Beauty Counter: How You May Use the Website and the Service
As a platform technology, woman&home Beauty Counter is what its users make it. That said, there are core purposes for it (as outlined in the Introduction above) that encompass everything that we and our users do with it.
You agree that you will abide by these Terms and our purposes and, if you are a registered user of the Service, you agree that you will not, under any circumstances, use your registration for actions that do not fall within those core purposes outlined above.
The Website and the Service are for your personal, non-commercial and lawful use only. Other than as expressly permitted in these Terms, you may not copy, reproduce, distribute, transmit, display, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell, or otherwise exploit the Website or the Service or any content, information, software, products or services obtained from the Website or the Service, for any commercial purpose or enterprise. You may not use the Website or the Service, or any content within the Website or the Service, for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of an illegal activity or other activity which infringes the rights of Future, SoPost or other individuals or entities.
We are delighted when our users share offers they find through the Service with their friends and we encourage you to do that. However, whilst sharing with friends is great, piggybacking on the services we provide in order to build your own business is very much not and is not permitted. You agree that whilst you may share offers with friends for personal purposes, you will not share our offers on a commercial scale and/or for business purposes, whether within a closed group or list of individuals or to the public at large. If you do so nonetheless, you acknowledge that we may pursue legal action in order to recover from you damages for the losses that we or our brand partners have suffered at your hands.
You will not use your registration for the distribution of unsolicited and unwanted communications (whether commercial or otherwise), which you might know as ‘spam’. Spam is a real nuisance and it makes us and our users very unhappy, so if you distribute spam through woman&home Beauty Counter, we’ll terminate your registration immediately and won’t allow you to use our Service in the future.
Finally, we only allow one sample per person per campaign and where necessary, we may need to impose a limit of one sample per household per campaign. So, if you’re using an email address to claim a sample, you warrant that the email you’re using is your own, which you created in the regular course of things - specifically, we’re talking here about using multiple accounts and/or multiple identities for the purpose of requesting multiple product samples. Doing this sort of thing is in breach of these terms and deprives others of a fair chance to receive samples they would like to request so if you do it, we’ll ban you from using woman&home Beauty Counter and we may pursue you for damages for breach of contract should your actions harm a campaign we are running for a brand partner. To counteract this, you promise only to open and use one account for the duration of your relationship with us.
If you use the Service for commercial purposes without engaging with us formally as a brand partner or authorised distributor, we will terminate your registration immediately (which would mean you can no longer access or use the woman&home Beauty Counter) and we reserve the right to commence proceedings against you.
As part of the Service, we would like to send you emails to make claiming product samples easier.
The first of the series is an email containing the offer to receive a sample. Receiving this is optional but agreeing to receive them will give you the opportunity to be among the first people to claim a sample. However, you may choose not to accept the sample offers, which is fine too. If you do not agree to receive the emails, we won’t alert you when new samples are available for you but you can still claim samples directly through your account area on the woman&home Beauty Counter website.
We will also send you emails requesting your opinion on samples you received, and we very much hope you respond to these, as your feedback is extremely helpful to the brands whose products we send you.
When claiming a sample, you will sometimes be given the option to opt in to receive marketing communications from the product sample brand. This does not affect your ability to claim a product sample and is completely optional. If you do opt in to receive such information, your contact details will be passed to the product sample brand for this purpose.
In using the Service, you’ll have the chance to write reviews. You may also choose to share content and offers that you like and in doing so, you may add your own comments or post to your social media accounts. In doing so, you promise that the content you upload won’t deliberately offend. What we are chiefly concerned with here is content that is offensive, obscene, abusive, libellous, false, deliberately misleading, or is otherwise illegal. For short, let’s call this "Unlawful Content".
If you do use woman&home Beauty Counter to distribute Unlawful Content, we reserve the right (at our complete and sole discretion) to remove any such content immediately and to suspend or terminate your account and we may take such action without notice to you. If you behave in this way, you may leave us with no alternative but to refer the incident to the authorities.
Unless specifically otherwise stated, you agree that by submitting reviews to us, (i) such reviews shall be deemed to be non-confidential, and (ii) you grant to us, our successors, affiliates, representatives and agents a perpetual, royalty-free, fully paid- up, irrevocable, transferable, worldwide right and license to use, transmit, copy, reproduce, publicly display or perform, create derivative works of, or otherwise use such reviews, without compensation, acknowledgement or notice to you. You waive any moral rights you have in respect of our use of the content your submit on the Website. You also represent and warrant to us that: (a) you have the necessary permissions and rights to provide such reviews to us (b) you are sole responsible for the review you submit and we do not screen your content prior to publication on the Website and therefore any opinion submitted by you will be accurate and/or genuinely held. Our Website Terms & Conditions (see paragraph 5.3) expand upon these points above.
You may have heard of the term “intellectual property”. Intellectual property is the term used to describe things that can be owned but which are not physical in nature. The owner of intellectual property doesn’t own something that is tangible but instead has the right to control how that intangible thing is used, hence the term “intellectual property rights”. Trademarks, patents and copyright are well-known and commonplace forms of intellectual property, but there are lots more. And if you use somebody else’s intellectual property rights without their permission (which is often referred to as a “license”), you’ve "infringed" their rights.
On that basis we confirm to you that we (being Future and SoPost) own and control or licence all intellectual property rights in the Website, the framework and content that makes up woman&home Beauty Counter. These works are protected by intellectual property laws and treaties around the world. All such rights are reserved. That includes all the ‘copy’, the code, the look and feel and the trade marks and graphics that you use in making use of your registration (in accordance with these Terms). We build databases that contain details of the offers that we circulate, the people to whom those offers are circulated and the people to whom we subsequently deliver samples. We invest a lot of time and money into building and maintaining those databases and making sure that the data within them is as correct as it can possibly be. They are therefore the subject of database right that is owned by us, which we license to you only so that you can make use of our services for personal purposes. So please don’t try to use any of the intellectual property that we provide for purposes that are not intended or envisaged by these Terms, any such unauthorised use will be a breach of these terms. You can use our intellectual property in order to make use of our service as provided for in these Terms but for nothing else and you may not use our intellectual property for commercial purposes under any circumstances.
You will not (i) remove, delete, alter, or obscure any trademarks or any notices of copyright, trademark, patent or other intellectual property or proprietary rights from the Website or the Service, including any copy thereof; or (ii) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Website or the Service, or any features or functionality of the Website or the Service, to any third party for any reason, including, without limitation, by making the Website or the Service available on a network where it is capable of being accessed by more than one device at a time.
Samples that you receive via the woman&home Beauty Counter community are for your personal use only. It’s a bit difficult to imagine how the samples that we distribute could be turned into a business but technology allows us to do all sorts of things now that weren’t possible 20 years ago, so just to be completely clear, USING woman&home BEAUTY COUNTER FOR COMMERCIAL PURPOSES IS COMPLETELY FORBIDDEN - unless, of course, you happen to be one of our brand partners or one of our authorised distributors.
Nothing in these Terms should be interpreted so as to apply any form of legal obligation or duty upon us to supply samples (or any particular sample) to you. You acknowledge that the receipt of samples is a “gratuitous benefit” - in other words, it’s something for which you’ve paid nothing and for which we are not contractually obliged to you to provide.
We may not be able to deliver a sample that you request and this could be for a number of reasons. It may be that we had a limited stock and you didn’t request it before we ran out. Or maybe we thought we had more than we did, perhaps because we have realised that some of our stock is damaged in some way. Or maybe the brand in question withdraws a whole campaign and all samples related to it or fails to provide the products at all. Or it may simply be that you don’t fit the profile of the types of consumers that the brand in question has asked us to target. Or it could be any one of a dozen or more other reasons. Whatever the reason, we will try to let you know that we’re not going to be able to deliver the sample as soon as we can within reason but we will not be obliged to explain why this is nor will we enter into and prolonged debate about it. We do promise, though, that we will approach the question of who gets a sample fairly and ethically, albeit within the bounds of what we are obliged to do for our brand partners.
Our ability to terminate your Account
If at any time, we have any reason to believe that you have breached these Terms, or in your use of the Service you have infringed the intellectual property rights or other rights of any third party or breached any applicable laws, we may suspend your profile without notice to you while we investigate and if we deem necessary (in our sole and complete discretion) we may terminate your Account which will mean that you can no longer access or user the Service.
If you wish to engage with woman&home Beauty Counter as a business, we have other terms and conditions that apply to that. Contact us at email@example.com to find out more on this or have a look elsewhere on the Website.
Updates to the Service; Changes to these Terms
At any given time, we reckon we have a pretty good idea as to how well the functionality we’ve provided for woman&home Beauty Counter is working. We’re working on new features and occasionally, we may want to replace older features with new, better ones. It is inevitable that every now and again, we will provide features or functionality that seemed like a really good idea at the time but which, for whatever reason, don’t really catch on with our users. So when this happens, we reserve the right under these Terms to add or remove functionality and features. We will try to give you some advance notice of this but from time to time, this might not be possible. For example, if something breaks and it is complicated to fix and not sufficiently popular to warrant dropping everything to fix, we may decide to withdraw it immediately. That withdrawal may be temporary or it may be that we withdraw it permanently, and we have the right to decide what’s best in the circumstances.
It might be that the new functionality requires changes or additions to these Terms, the Website Terms & Conditions or the Privacy Notice, so when we launch new features, you might want to check to see whether we’ve made any changes to either. We reserve the right to amend these Terms from time to time. If we do have to amend the Terms, we will send you an email to notify you of this and the date upon which the new versions will be effective. If you choose to continue to use your Woman and Home Beauty Counter account after that, you will do so on the basis of the new documentation which you are deemed to accept and will be bound by.
Limitations of Liability; Warranty Disclaimers
Consumers enjoy protection under a variety of laws in different jurisdictions around the world and, if you are using woman&home Beauty Counter as a consumer, under applicable law, it may be unlawful for us to attempt to exclude or limit liability for personal injury or death arising from our negligence or for any loss you suffer as a result of our fraud or for any statement we make fraudulently intending you to rely on it in entering into this contract with us.
To the maximum extent permitted by law, and bearing in mind always the exceptions we have mentioned in the previous paragraph, there are certain types of liability that we are permitted by law to limit or exclude and, accordingly, NEITHER SOPOST NOR FUTURE WILL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS, DAMAGE OR EXPENSE (INCLUDING LOSS OF PROFITS, DATA, BUSINESS OR GOODWILL) THAT YOU MIGHT SUFFER AS A RESULT OF USING THE WEBSITE OR THE SERVICE, HOWEVER THAT LOSS DAMAGE OR EXPENSE MIGHT ARISE, AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In addition, WE WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY FAILURE TO PERFORM OR FOR THE DELAY IN THE PERFORMANCE OF ANY OF OUR OBLIGATIONS UNDER THESE TERMS THAT IS CAUSED BY EVENTS THAT ARE BEYOND OUR REASONABLE CONTROL. This might include a failure of an internet service provider to deliver notifications to you, for instance.
Your use of the Website and Service is at your sole risk. THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY MATERIALS, INFORMATION, CONTENT, FUNCTIONS, PRODUCTS, TEXT, GRAPHICS AND LINKS THEREON, AND THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, AND ARE PROVIDED WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, NON-INTERFERENCE, DATA ACCURACY, SYSTEM INTEGRATION, AND WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DO NOT WARRANT THAT (A) THE WEBSITE OR THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURELY OR BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE WEBSITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF CONTENT ON THE WEBSITE OR WITH RESPECT TO ITS OR THE SERVICE’S COMPLETENESS, ACCURACY, TRUTHFULNESS, AVAILABILITY, ADEQUACY, USEFULNESS, TIMELINESS, SECURITY, RELIABILITY OR OTHERWISE. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR THE SERVICE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THEM. YOU AGREE THAT WE, IN OUR SOLE DISCRETION, MAY IMMEDIATELY TERMINATE YOUR ACCESS TO THE WEBSITE OR THE SERVICE AT ANY TIME, FOR ANY REASON.
In signing up to these Terms, we need you to understand that woman&home Beauty Counter is a platform through which consumers like you can get access to product samples for free. We’re not responsible for any of the product samples, product descriptions and instructions for use (the "Product Materials") that we make available and deliver to you. If you have a concern with the nature, quality or content of any Product Materials that we deliver for a brand partner, whilst we may perhaps be sympathetic to you, there will be nothing at all that we can do to help and you should address any grievance of this nature you have to the brand on whose behalf the Product Materials are being delivered.
These limitations and exclusions of liability will survive the termination of your registration (which, in turn, would terminate our contract with you).
In making sure that our users are happy and that the Service is working efficiently, we may review the data being transmitted by you or any of our other users. This does NOT mean, however, that we are under any duty to do this and we do not and will not assume any responsibility for this.
You also need to be aware that viruses can be transmitted via websites, not just email. So if you want to make sure that your systems are safe from infection, you should run suitable security software because WE WILL NOT BE LIABLE FOR ANY VIRUS INFECTION OR OTHER HARM CAUSED TO YOUR SYSTEMS THROUGH YOUR USE OF woman&home Beauty Counter OR WHEN FOLLOWING ANY LINKS TO WEBSITES RUN BY OTHER PEOPLE.
There may come occasions where we choose not to insist on your total compliance with your obligations under these Terms or that, where you’ve breached the Terms, we don’t make use of our rights to take action against you. This does NOT mean, however, that we are waiving those rights. We can take action against you later if we choose to and at any time during the lifetime of your registration (or indeed, where necessary, at any time after the termination of your registration), we can return to the issue and insist on your compliance.
From time to time, we will have to give you information relating to your use of the Service. This might be information about new functionality or old functionality that we are going to withdraw. It might be to let you know that we have made changes to these Terms or the Privacy Notice. We will send this information to you in the form of notifications via our Website. We might also send an email to the address you have given us when registering (which is why we need you to keep that email address up- to-date) or in some other form of electronic communication. The communications between you and us use electronic means, whether through the Website or via email. For contractual purposes, you (i) consent to receive communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in a writing.
If, for some reason, you need to communicate with us for contractual purposes, you can send woman&home a letter by post to the address that you will find in the second paragraph of the Introduction above.
Information that we send to you or you send to us for contractual reasons we’ll call “Notices” for the purposes of these Terms. There may be times when we all need to know when such a Notice was received. To make things easy, those Notices will be deemed to be received as follows. A Notice sent by us to you by way of notification through an app will be deemed as having been served immediately. A Notice sent by us to you via a notification sent to your account via our Website only or an email sent by you to us or us to you, will be regarded as having been received the day AFTER it is sent, just to give everyone a reasonable chance to pick it up. If a Notice is sent in either direction by letter, that Notice will be regarded as having been received (assuming that it was properly stamped and sent by first-class mail) three working days AFTER the day on which it was sent, or in the case of a letter sent from overseas by airmail, ten days AFTER the day on which it was sent.
It might just be that at some point in the future, a court or some other authority has cause to review these Terms and in so doing, rules that some or other part of them is invalid, unlawful or unenforceable. Obviously, that could cause a bit of a problem, certainly for us and possibly also for you. So, in the very unlikely event that something like that happens, there will be two consequences. First, both parties (you and us) acknowledge that the rest of the Terms will remain in place between the parties and that the contract will survive intact with the problematic element removed. Second, the authority or court taking action may compose a replacement for the stricken terms that do as good a job as reasonably possible as the job previously done by those terms or, where the authority or court taking action declines to do so, you agree that we may replace those terms ourselves with something else that complies with the ruling.
Everything relevant to our contractual relationship with you with respect to our Website and the Service is set out either in these Terms, the Future Terms or in the Future Privacy Notice. We have no earlier contractual arrangement or understanding with you of any sort. If there is anything that you seek to rely on in creating your registration, please disregard it right now, because in submitting your registration and accepting these Terms, you must acknowledge that in registering to use woman&home Beauty Counter, you haven’t relied upon any statement made or promise given by us, whether stated plainly or implied from our conduct UNLESS that representation or statement is repeated either in these Terms, in the Future Terms or in the Future Privacy Notice. These Terms, and any rights and licenses granted hereunder, may not be delegated, transferred or assigned by you, but may be assigned by Future or SoPost without restriction. Any purported delegation, transfer or assignment by you shall be null and void.
Governing Law, Jurisdiction and Venue
If you are a user of the Website and/or the Service in the United Kingdom, these Terms and the relationship between you, Future and SoPost will be governed and construed in accordance with the laws of England and Wales.
If you come across any evidence to suggest that anybody else is using the Service in breach of these Terms, it would be a terrific help if you would let us know so that we can take action to stop them. Please contact us at firstname.lastname@example.org. For privacy or data related questions, please email the Data Protection Officer at email@example.com with details of your query or request.