Terms & Conditions
1. About our terms
IN USING THIS WEBSITE YOU ARE DEEMED TO HAVE READ AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS:
1.1 The following terminology applies to these terms and conditions: “client”, “you” and “your” refers to you, the person accessing this website (“Site”) and accepting the Company’s terms and conditions. “the Company”, “we” and “us”, refers to Master Distributor Limited trading as Cloud Nine. “party”, “parties”, or “us”, refers to one or both of the Client and us, as appropriate. 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 the same.
1.2 If you do not accept these terms and conditions you should not use any website operated under the Cloud Nine brand. We may amend these terms from time to time. Every time you wish to use our Site, please check these terms to ensure you understand the terms that apply at that time.
1.3 If you purchase goods from us, our Terms of Sale will also apply to you.
2.1 We have several different e-mail addresses for different queries. These, and other
contact information, can be found here Contact Us or via the following telephone
number: (+44) 01423 223327.
2.2 Cloud Nine is the trading name of Master Distributor Limited, a company registered in England under company number 07079855. The registered address is A2 Hornbeam
Square West, Harrogate, HG2 8PA. Registered in England.
3. using the site
3.1 The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site.
3.2 Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that any content is accurate, complete or up to date.
3.3 You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.
3.4 In the event of such a breach, your right to use our Site will cease immediately.
4. PRIVACY STATEMENT
We are committed to protecting your privacy. Any personal data you provide will be used in accordance with our Privacy Notice, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event that you have a query or complaint about the use of your personal information.
5.1 Unless otherwise stated, the services featured on our Site are only available within the United Kingdom, or in relation to postings from the United Kingdom. All advertising is intended solely for the United Kingdom market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through our Site. Redistribution or republication of any part of our 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.
5.2 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.
5.3 We may suspend or withdraw or restrict the availability of all or any part of our Site at any time for business and operational reasons without notice.
5.4 We do not guarantee that our Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our website. You should use your own virus protection software. You use the Site at your own risk.
6. LINKS TO THIS SITE
6.1 You may create a link to any page of this Site without our prior written consent. If you do create a link to a page of this Site, you do so at your own risk and the exclusions and limitations set out in clause 12 will apply to your use of this Site by linking to it. You must not establish a link in such a way as to suggest any form of association, partnership, approval or endorsement on our part where none exists or place the link on a website that itself breaches these terms. We reserve the right to withdraw linking permission without notice.
6.2 You must not establish a link to our Site on any website that is not owned by you.
7. LINKS FROM THE SITE
7.1 This Site may contain hyperlinks or references to third party advertising and websites other than this Site. We do not monitor or review the content of other party’s websites which are linked to or from this Site. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and we 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 content, of these sites.
7.2 We encourage our users to be aware when they leave our Site and 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.
7.3 The 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. Your use of a third party website may be governed by the terms and
conditions of that third party website and is at your own risk.
8. COPYRIGHT AND TRADE MARKS
8.1 Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website. We are the owner or the licensee of all intellectual property rights on our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. This means, for example, that we remain owners of them and are free to use them as we see fit. All such rights are reserved.
8.2 You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others within your organisation to content posted on our Site.
8.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.
8.4 You must not use any part of the content on our Site for commercial purposes without obtaining a license to do so from us or our licensors.
8.5 This Company’s logo is a registered trade mark of the Company or its licensor in the
United Kingdom and other countries. Use by you of any trade marks on the Site is strictly prohibited unless you have our prior written permission. The brand names of the Company featured on this Site are used as trade marks.
9. PRIZE DRAWS AND COMPETITIONS
9.1 How to Participate
9.1.1 We reserve the right to amend these terms from time to time.
9.1.2 These rules will be deemed incorporated into each prize draw and competition
except to the extent that any specific instructions and/or any additional terms
apply that we make you aware of.
9.1.3 By entering the prize draw or competition, entrants will be deemed to have read
and understood these terms and be bound by them. Entries that do not comply
with these terms and conditions will be void and will not be entered into the prize
draw or competition. All our decisions will be final and binding.
9.2.1 If for any reason an advertised prize is unavailable, we reserve the right at our
absolute discretion to substitute a similar prize of equivalent or greater value.
9.2.2 Only one prize will be awarded per household.
9.2.3 There will be no cash or other alternative to the prize offered and the prize does
not include any additional costs and expenses unless otherwise stated.
9.2.4 Prizes involving travel: (a) Travel arrangements are the responsibility of prize
winners unless otherwise stated; (b) we reserve the right to require written
permission from the parent or guardian of any winner who is under the age of 16
and to require such a winner to choose as a companion someone 18 or over.
9.2.5 Prize draw or competition prizes and/or tickets may be restricted to certain times
of the year and unless otherwise stated all prizes must be taken within six months
of the date of the prize draw or competition draw.
9.2.6 Where prizes are to be provided by a third party then the winner will be required
to complete all appropriate or applicable booking or other formalities direct with
such third-party providers. We will have no responsibility for the acts/defaults of
any other persons, companies or third parties.
9.3 Restrictions and requirements
9.3.1 Any person who is an employee or an immediate family member of an employee of Master Distributor Limited or any other person who is directly connected with the
organisation of any prize draw and/or competition is ineligible to participate.
9.3.2 Prize draws and competitions are only open to residents of the UK (excluding
9.3.3 All entrants are to be aged 18 or over unless any other age restriction is specified or implied. Entrants should, if under 18, obtain permission in advance from their parent or guardian to enter.
9.3.4 All entries must be received by the Company by the closing date specified in the prize drawer or competition. Answers will be entered upon submission by the entrant. No responsibility will be taken by the Company for any answers that are
misdirected, lost for technical or other reasons, or received after the closing date.
9.3.5 We reserve the absolute right to disqualify without notice any entries to any prize
draw or competition which we consider have used improper technical means to enter and/or we believe is fraudulent.
9.4.1 The winner's name will be selected in a random draw, after the closing date, from
all entrants correctly submitted in accordance with these terms and conditions.
9.4.2 The winner of a prize will be notified within 28 days after the winner has been
ascertained. If a selected winner does not respond within 28 days of receipt of
such notification, the prize will be forfeited and the Company will select an
alternative winner from the remaining eligible entries in accordance with the
process described above (and that winner will also have 28 days to respond to
9.4.3 Please allow 28 days from the date the winner responds to the notification for
delivery of all prizes.
9.4.4 If the winner of the prize draw or competition is unable to take up a prize for any
reason or if the winner cannot be notified after reasonable efforts having been
made, then we may redraw a new name.
9.4.5 For each prize draw or competition only one prize will be awarded per entrant /
email address. Names of winners will be available on request. By entering a prize
draw or competition, you agree to your personal information being used to process
your entry, to contact you about your entry, and for the purpose outlined in clause
9.4.6 below. We will use your personal information only in accordance with these
terms and conditions and our Privacy Notice
9.4.6 The surname and county of the winner can be obtained by sending a stamped,
self-addressed envelope to Master Distributor Limited at A2 Hornbeam Square
West, Harrogate, HG2 8PA.
9.4.7 If you do not want your surname and county included on the list of winners
referred to the above, please email email@example.com prior to the
closing date of the prize draw or competition.
9.4.8 You may be asked to participate in publicity relating to this promotion if you are
selected as a winner.
9.4.9 Entrants are liable for their entry costs to access computer networks.
9.5 While nothing in these terms and conditions will limit the Company’s liability for death or personal injury caused by its negligence or for fraud, the Company will not be legally responsible to entrants or winners for any losses that were not foreseeable to the Company or to the entrant at the time of the entry to the prize draw or competition or which were caused by a third party.
These terms and conditions, their subject matter and their formation, are governed by English law. Both parties agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
11. NOTIFICATION OF CHANGES
The Company reserves the right to change these terms and conditions from time to time as it sees fit and your continued use of the website will signify your acceptance of any adjustment to these terms. If there are any changes to our Privacy Notice, we will announce that these changes have been made on our home page and on other key pages on our Site. You are therefore advised to re-read this statement on a regular basis. We may also update and change our Site from time to time.
12. EXCLUSIONS AND LIMITATIONS
12.1 The information on this Site is provided on an “as is” basis. To the fullest extent permitted by law, the Company:
12.1.1 excludes all representations and warranties relating to this Site and its contents as may be implied by law; excludes liability for any content which is or may be
provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this Site and/or the Company’s literature; and
excludes all liability for damage and loss arising out of or in connection with your use of this Site.
12.1.2 This includes, without limitation, 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.
12.1.3 The 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 legal rights as a consumer are affected.
12.1.4 Please note that we only provide our Site for domestic and private use.
12.1.5 By using this Site you hereby indemnify the Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused by your acts or omissions.
13. CLOUD NINE GALLERY
We’re all about the inspiration! We know our community is always keen to share their looks using CLOUD NINE, which also helps to inspire others for their next look, or which tool to buy next.
Be part of our CLOUD NINE Gallery where we’ll feature your content across web and social. Wherever your content is used, you will be fully accredited as the owner and producer of this content.
(1) How to submit your content
To upload your photo through Facebook, Instagram or Twitter use the tags @cloudninehair or #cloudninehair, which will alert us to your content. Don’t forget, your profile must be public in order for us to view any content.
(2) How to approve permissions for us to share your content If your content is chosen by CLOUD NINE, you will receive a reply on your post from the @cloudninehair account.
We will ask permission to share your content. Please reply with @cloudninehair #yescloudnine to give your permission and agree to these Terms & Conditions and our Privacy Notice. We will also include a link to these Terms and Conditions in the reply to your post.
(3) How will CLOUD NINE use your content?
By replying with #yescloudnine, you grant CLOUD NINE a non-exclusive, worldwide and royalty-free license to use your content. You will retain copyright to any content you share with us.
If selected, your content could be shared in a number of ways across CLOUD NINE marketing and/or advertising which includes our online store, emails, social media - including our international channels and paid social media - external markets such as affiliates or partners across PR, Press and Direct Mail.
CLOUD NINE may use your content or, reproduce, distribute, combine with other materials, translate, alter, edit and publish your content at its sole discretion.
CLOUD NINE are under no obligation to share any content submitted via #yescloudnine and this will be at our sole discretion on if content is shared and how it is used.
(4) Your commitment to CLOUD NINE Gallery By replying with #yescloudnine, you confirm that you are over 18 years of age.
You warrant that you own all the rights to your content and that you have sought permissions from (i) any person(s) appearing in your content and (ii) if your content includes any third party content ie. music, or stock imagery, that you have the required licenses, rights and permissions to publish the content and that this license extends to the use of your content for CLOUD NINE.
(5) What happens if you would like a photo removing? If you believe that a photo in our CLOUD NINE Gallery is violating someone’s legal rights, eg. trademark or copyright infringement, please email firstname.lastname@example.org with the subject name - CLOUD NINE Gallery. This also applies to any content you feel is offensive, or if you change your mind on giving us permissions via #yescloudnine.
We reserve the right to remove any content across our CLOUD NINE Gallery, website or marketing materials at any time and without reason.
MASTER DISTRIBUTOR LTD – EU REPRESENTATIVE IS:
CLOUD NINE EU RP
Kunaverjeva ulica 9