Terms of service | Friends of Lush

Friends of Lush

Welcome to FRIENDS OF LUSH!

This is a collaboration between you and LUSH Ltd – Please read and sign the contract below in order to complete your programme signup.

Agreement between FRIENDS OF LUSH Applicant and LUSH Ltd in relation to the Friends of LUSH programme (“FOL”).

THE PARTIES

LUSH Ltd, a company registered in England and Wales, with registered company number 02940032, whose registered office at 29 High Street, Poole, Dorset, BH15 1AB (“We” / “Us”)

Name of Applicant as per profile & signed below, (“FOL Applicant” / “You” / “Your”).

THE AGREEMENT

a. Sign Up: FOL Applicant must apply to and be accepted onto the FRIENDS OF LUSH Program and participate in required tasks to be able to receive rewards and have the chance to be involved in other LUSH initiatives. The available rewards may change from time to time.

b. Programme Requirement: You are required to post at least once on Your preferred platform (e.g. Instagram, Facebook,YouTube, TikTok, Pinterest etc.), within 30 days of receiving any reward, gift card or other initiative or reward from LUSH. Should you receive a reward from the program and not meet the required task requirements to share this reward to your socials within 30 days of receipt, the product or reward must be returned, or FOL Applicant must acknowledge that they are liable for the full retail cost of the reward/products/voucher.

c. You can also take part in as many tasks and challenges as You please to level up in the program.

d. Social Platforms: All social media posts must include the tagging of Official LUSH account and use all hashtags as detailed below: TikTok: @LUSH YouTube: @LUSH; Instagram: @LUSH Pinterest: @LushUK Friends of LUSH hashtags: #FRIENDSOFLUSH #LUSHCLUB #LUSHCOSMETICS
e. What is the term? This agreement shall commence on the date you sign up for the program and shall remain in force until FOL completes all items set out in this agreement, or is otherwise terminated per clause (f).

f. How can I end this agreement? You can leave the FOL programme at any time by deleting your account. Either party may terminate this Agreement immediately by written notice if the other party (i) commits an irremediable material breach of this Agreement; or (ii) commits a material breach of this Agreement which is capable of remedy and fails to remedy such breach within thirty (30) days after receiving written request to do so specifying details of the breach complained of; or (iii) becomes insolvent or if any insolvency proceedings are commenced against it. We may terminate this agreement immediately at any time without liability.

g. Our use of your content uploaded to this programme: You hereby grant to LUSH Ltd and its affiliates, group companies and/or related entities (collectively “LUSH”) a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, freely transferable right to use (i) your video(s), photo(s), images and/or other content which have been posted via The FRIENDS OF LUSH Program (“Your Images”), together with (ii) your social media handle, social media user name, profile picture, caption and location information you may have included in your content (collectively “Your Information”) in all formats and media, including but not limited to on our webpages and social media pages, retailer sites, third party sites, stores for our marketing and/or advertising.

h. Our rights: LUSH has the right to use your username, real name, image, likeness or other identifying information in connection with any use of Your Images.

i. LUSH may use, display, reproduce, distribute, transmit, combine with other materials, alter and/or edit Your Images for legal and/or regulatory reasons in any way it sees fit (while maintaining the original sentiment), with no obligation to you whatsoever and without obligation to attribute them to you as the original author or source.

j. You acknowledge that LUSH may, in its sole discretion and without liability, refuse to use Your Images or remove Your Images at any time, at its absolute discretion, and without notice.

k. By making Your Images available to us on the terms set out in these terms and conditions you represent and warrant that:

(i) you own all the rights in Your Images and/or that you have obtained any necessary permission from any person(s) featured in Your Images to grant the rights herein;

(ii) you and all other person(s) appearing in Your Images are not under 18;

(iii) LUSH’s use of Your Images will not violate any applicable law or infringe the rights of privacy, publicity or other intellectual property or other rights of any third parties;

iv) LUSH shall not be liable for any losses or damages of any king resulting from LUSH use of the Images and you agree to indemnify and hold LUSH harmless against any such losses or damage.

(iv) LUSH has the right to disclose your identity to any third party who claims that the User Content infringes their rights.

l. You warrant that Your Images are truthful and accurate and that they do not misleadingly exaggerate the effect any LUSH product(s) are capable of achieving (whether through pre-production techniques (including lash inserts, hair extensions etc) or post-production techniques (including filtering, retouching or editing etc)).

m. You understand and agree that Your Images may be used by third parties outside our control, for example they may be subject to “viral” communication (word-of-mouth communication) on third party websites with or without credit to you and that where Your Images are used by third parties or subject to “viral” communication that LUSH will not be liable for any claim or action in this regard.

n. You acknowledge and agree that you will not receive any payment from LUSH for the use of Your Images.

o. How will your personal data be processed?: You consent to LUSH processing of all personal information you provide and agree with LUSH’ use and disclosure of that personal information in connection with the use of Your Images as described above. Your personal information may be transferred to or accessible from outside the EEA, and may be shared with affiliates or other trusted third parties working on LUSH’s behalf. By posting Your Images or otherwise providing LUSH with personal information, you agree to such collection, use, disclosure, transfer and processing of your information in accordance with these Terms and Conditions, LUSH Privacy Policy (https://www.lush.com/uk/en/faq/privacy-notice) , and any applicable data protection laws and regulations.

p. You will not hold LUSH, or any person acting on LUSH behalf, responsible for any claims or demands in connection with the use of Your Images in accordance with this agreement.

q. No partnership or other relationship: This Agreement is not intended to and shall not be construed to create any permanent partnership between You and Us or to constitute either party as an agent, partner, joint-venture , employee or representative of the other.

q. Taxes: You are responsible for your own income tax payments and any other personal tax liability arising from your participation in this programme.

r. Governing law and jurisdiction: This agreement shall be governed by and interpreted in accordance with English law and subject to the exclusive jurisdiction of the English courts.

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