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Terms of Service

Thank you for using Lush Community! 

 

We want to give you the best experience when using Lush Community, so please take a moment - honestly, it won’t take long - to read about how it all works. These terms of use (“Terms”) cover how you can interact with and use Lush Community, how we may use any content you upload or post and explain what to do if you ever see something you don’t like.

 

Lush Community is a platform (“Lush Community”) operated by Lush Global Digital Limited made available through community.lush.com/ (“Website”). We are registered in England and Wales under Company registration number 10719619 and our registered address is 29 High Street, Poole, England BH15 1AB, (“Lush Digital”, “we”, “our”, “us”).

 

These Terms should be read together with our Website Terms and Conditions and Privacy Notice and Cookie Policy which form part of these Terms. 

By using Lush Community, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use Lush Community and there will be no hard feelings.

 

1. Contact Us 

If you have any questions, issues or complaints about these Terms or Lush Community, please contact us by: 

Live chat available on our website
Email: [email protected]
Call: +44 (0)1202 930051

 

You can contact Lush Customer Care Monday to Friday 8am to 7pm, Saturday 9am-5pm, Sunday 10am-4pm, Bank Holidays 10am-4pm. 

We are closed Christmas Day, New Year’s Day and Easter Sunday. 

 

2. Changes to these Terms

 

 

We may amend these Terms from time to time, if we do, we will publish an updated version on our Website. Each time you use Lush Community please check these Terms to make sure you understand the terms that apply at that time. If we make any material changes to these Terms, we will let you know.

 

3. Availability of Lush Community 

 

 

Lush Community is available to all and is free of charge. 

 

To use Lush Community, you will need to set up an account. 

 

Although we plan to make Lush Community global, Lush Community it is currently directed to people residing in the United Kingdom and in time this may be rolled out internationally. We do not represent that content available on or through our Website is appropriate for use or available in other locations. 

 

We may update and change Lush Community from time to time. This may involve (but is not limited to) removing or adding content, features or altering the platform layout. These changes may be necessary or desirable because we need to reflect changes to our products or services, our users' needs and/or our business priorities. We will try to give you reasonable notice of any major changes.

 

We do not guarantee that Lush Community, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw or restrict the availability of all or any part of Lush Community for business, operational reasons or events beyond our control. We will try to give you reasonable notice of any suspension or withdrawal. If the technology fails us, we will do everything we can to resolve this and aim to put that smile firmly back on your face.

 

4. Using Lush Community 

 

 

Lush Community allows users to post or upload content, including (but not limited to) images, comments, blogs and messages (“Content”) through our Website and use different medias such as bulletin boards, forums and chat rooms. 

 

Use of the Lush Community is subject to our Content Standards.

You agree that you will not interfere with or disrupt (or attempt to interfere with or disrupt) Lush Community, our Website, the networks connected to our Website, disobey any requirements, procedures, policies or regulations of networks connected to our Website, nor, provide any information to us that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose. 

 

Lush Community is intended for private use and for those aged 18 or over. 

If you use Lush Community on behalf of someone else or a company, organisation, or other entity (“third party”), then:

 

  • you represent and warrant that you are authorised to grant all permissions and licenses provided in these Terms and bind the third party to these Terms; 
  • you agree to these Terms on the third party’s behalf; 
  • you will provide the third party with a copy of these Terms; and
  • references in these Terms to "you" includes you and that third party.

 

You must not establish a link in such a way to suggest any form of associations, approval or endorsement on our party where none exists. You must not establish a link to our Website in any website that is not owned by you.

 

5. Information on Lush Community 

 

 

The Content and information on Lush Community 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 taking, any action on the basis of the Content or information on Lush Community.

 

Although we take great care to ensure the information on Lush Community as posted by Lush Digital and any other company within its group of companies is accurate, we make no representations, warranties or guarantees, whether express or implied, that the Content or information on Lush Community is accurate, complete or up to date.

 

Where Lush Community contains links to other third party sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

 

The views expressed by other users on our Website do not represent our views or values.

 

If you use, print off, copy or download any part of Lush Community or our Website in breach of these Terms, your right to use Lush Community and our Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.

 

6. Content on Lush Community 

Content shared to Lush Community will be subject to moderation by us and we cannot guarantee we will accept all Content for publishing to Lush Community. We have the right to remove any posting you make if, in our opinion, your post does not comply with the Content Standards set out below. 

 

You are not entitled to use or reproduce the Content on Lush Community for your own commercial purposes.

 

Please note that any information that you provide, including private or sensitive information, by uploading or posting Content to Lush Community is at your risk and is not kept confidential and we do not accept any responsibility for any information you upload, post or otherwise share, or how any other users of Lush Community may use this information. Any Content you upload or post to Lush Community may be available to the general public. 


Your Content will be considered non-confidential and non-proprietary (i.e. generic and not protected). You retain all rights in, and are solely responsible for, the Content you upload to Lush Community.

Whenever you upload Content to Lush Community, or grant us permission to do the same, or, when you interact with other users you must comply and, you warrant you will comply with the following standards (“Content Standards”) in spirit as well as to the letter:

 

Content must:

  • Be accurate (where it states facts);
  • Be genuinely held (where it states opinions); and
  • Comply with the law applicable in England and Wales and in any country from which it is posted.

Content must not:

  • Be defamatory of any person;
  • Be obscene, offensive, hateful or inflammatory;
  • Bully, insult, intimidate or humiliate;
  • Promote sexually explicit material;
  • Include child sexual abuse material;
  • Use swear words or other offensive language; 
  • Involve spamming; 
  • Involve excessive or repeated posting;
  • Involve trolling of any person or other users; 
  • Promote terrorist activity;
  • Promote violence;
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • Infringe any copyright, database right or trade mark of any other person;
  • Be likely to deceive any person;
  • Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
  • Promote any illegal activity;
  • Be in contempt of court;
  • Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
  • Be likely to harass, upset, embarrass, alarm or annoy any other person;
  • Impersonate any person, or misrepresent your identity or affiliation with any person;
  • Give the impression that the Content emanates from Lush Retail, if this is not the case;
  • Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse;
  • Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism; and
  • Contain any advertising or promote any services or web links to other sites.

 

If you see anything that you think is in breach of these Content Standards please contact us https://uk.lush.com/help/how-contact-us and we will investigate the matter as soon as possible. 

 

Any breach of these Content Standards would be considered a material breach of these Terms and may result us taking all or any of the following actions:

 

  • Immediate, temporary or permanent withdrawal of your right to use Lush Community and/or our Website and other connected websites;
  • Immediate, temporary or permanent removal of any Content uploaded by you to Lush Community;
  • Issue of a warning to you;
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
  • Further legal action against you; and
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We will determine, at our discretion, whether Content breaches the Content Standards. We exclude our liability for all action we may take in response to breaches of these Content Standards. 

 

The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

 

If you post or submit Content to be uploaded or used on Lush Community and/or our Website or as otherwise set out in these Terms, you agree to indemnify (i.e. be responsible for the loss or damage) for all claims (including, but not limited to intellectual property claims) on demand by Lush Retail, it’s officers, servants and agents in full from and against any and all liability damages, costs (including legal costs) proceedings or reasonable expenses which may result from such posting and/or the publication or dissemination thereof anywhere in the world. 

 

You can print off one copy of any Content, and you can download extracts, of any page(s) from our Website for your personal use and you may draw the attention of others to Content posted on Lush Community. Although, 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 Lush Community must always be acknowledged.

 

6.1 Use of your Content 

When you upload or post Content to Lush Community, you grant Lush Digital (and any company within its group of companies), and, its other users (including other users of Lush Community, websites or social media channels) a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, store, share, display, reproduce in any format, in whole or part, modify, create derivative works, translate, perform, and distribute your Content indefinitely. Without limiting the foregoing, Content uploaded or posted on Lush Community (directly by you or by Lush following your consent), may in any form on our websites and/or shared within our promotional channels, including Facebook, Twitter, Pinterest, Instagram and email channels and used otherwise for marketing or general busines purposes in any format.  

 

You also grant the right for us to make a statement around the Content in any format. 

 

Where we re-post your Content, we may not always post all or any of your profile name and information or any other media, text or caption alongside your Content. We are not obliged to use the Content and/or any use may be delayed. 

 

We also have the right to disclose your identity to any third party who is claiming that any Content posted or uploaded by you or by us following your consent, constitutes a violation of their intellectual property rights, or of their right to privacy.

 

6.2 Storage and Removal of Content 

We reserve the right to remove or modify Content for any reason; including Content that we believe violates these Terms or our policies at any time. 

 

If Content is removed from Lush Community, in whole or part, including for data protection purposes, to the extent permissible by law, we may keep your Content for a commercially reasonable period of time for backup, investor communications, training, archiving purposes and audit purposes. 

 

We and our users may retain and continue to use, store, display, reproduce in any format, modify, create derivative works, perform, and distribute any of your Content that other users have stored or shared through Lush Community. 

 

You agree to assist us in the removal of Content as may be required.

 

7. Privacy & Cookies 

Safeguarding your privacy is really important to us, for more information on how we do this please take a look at our Privacy Notice and Cookie Policy

 

We use a third party company, Khoros LLC, to provide us with the software needed for us to run Lush Community. They process your personal data under our instructions (we are the data controller) and only to the extent necessary to enable us to offer and to ensure the smooth running of Lush Community. 

Khoros will initially set up user accounts for Lush Community on our behalf. We intend to transfer the setting up of user accounts for Lush Community and any data for existing user accounts to Lush Digital in the near future and will notify users of this in due course if and when appropriate.

 

8. Copyright 

We are, unless otherwise stated, the owner of all copyright and database rights of Lush Community and its Contents. Individuals who have posted Content to Lush Community or provided consent for us to do the same, warrant that they are either the copyright owners the Content or are posting it under license from a copyright owner or his or her agent or otherwise as permitted by law. 

 

You agree to defend, indemnify on demand (i.e. be responsible for the loss or damage), and hold harmless Lush Retail, the companies within its group of companies, its directors, employees and agents from and against any claims, liabilities, damages, losses and expenses, including, without limitation reasonable legal and expert fees, arising out of or, in any way connected with your access to or use of Lush Community and/or our Website, the Content (including where you have granted consent for this to be used) and your violation of these Terms. 

 

9. Reporting Copyright Violations 

We respect the intellectual property rights of others and expect users of Lush Community to do the same. In appropriate circumstances and at our discretion, we may remove Content submitted to Lush Community, of users or prevent access to Lush Community and/or our Website and other connected websites by users who infringe the copyrights or intellectual property rights of others. 

If you believe the copyright in your work or in the work for which you act as an agent has been infringed through use of Lush Community, please contact us https://uk.lush.com/help/how-contact-us  to let us know about the infringement.

 

10. Trademarks 

All brand, product and service names used on Lush Community which identify us or third parties and their products and services are proprietary marks of Lush Digital or the companies within its group structure and/or the relevant third parties.  Nothing in these Terms shall be deemed to confer on any person any license or right with respect to any such image, logo or name.

 

11. Security 

We take security very seriously and take measured steps to ensure personal details are secure. We cannot guarantee that unauthorised third parties will not be able to breach our security measures. 

 

The username and password or any other piece of information that forms part of our security procedures for Lush Community must be treated as confidential. You must not disclose it to any third party. You also can’t register with multiple accounts. 

 

We have the right to disable any username or password, at any time, if, in our reasonable opinion you have failed to comply with any of the provisions of these Terms. 

If you know or suspect that anyone, other than you, knows your username or password, please notify us https://uk.lush.com/help/how-contact-us

 

We reserve the right to share, or provide a copy of any legal or regulatory body, its legal advisors or auditors the Content and your personal or profile details to comply with any suspected or potential breach of laws or regulations or as deemed necessary in the interest of security. 

 

We do not guarantee Lush Community or our Website is free from any viruses.  You must ensure you use your own virus protection software. You are solely responsible for securing and backing up your Content.

 

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 Website, the server on which our Website is stored or any server, computer or database connected to our Website. 

 

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. In the event of such a breach, your right to use our Website will cease immediately.

 

12. Transfer 

 

 

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

 

13. Law 

These Terms and any disputes or claims arising out of or in connection with them are governed by English law and the courts of England have exclusive jurisdiction to settle the same.

Community.lush.com is a site operated by Lush Global Digital Limited whose registered address is 29 High Street, Poole, England BH15 1AB, Company Number 10719619, VAT Number GB 241 7442 22.