Terms and Conditions

IMPORTANT

Thank you for accessing our website (the Website). Please read these terms and conditions (the Terms) before using the Website. The Website is operated by Tughaa Limited (registered number 11742240, registered office at PO Box 1499, Cambridge, Cambridgeshire, England, CB1 0DE). By using the Website, you signify your acceptance of the Terms in consideration of which Tughaa LTD provides you with access. From time to time Tughaa LTD may modify the Terms. Accordingly, please continue to review the Terms whenever accessing or using the Website. If at any time you do not wish to accept the Terms, you may not use the Website. From time to time Tughaa LTD may run competitions and promotions via the Website. Separate terms and conditions will be posted where applicable governing such competitions and promotions.

NO RELIANCE

While Tughaa LTD has endeavoured to ensure the accuracy of the information accessed via the Website, Tughaa LTD does not guarantee or give any warranty as to the accuracy, timeliness or completeness of any information or material on the Website.

LINKS TO THE WEBSITE

Websites or pages to which the Website is linked are for information only and have not been reviewed by Tughaa LTD. Tughaa LTD has no responsibility for the content of the websites or pages linked or linking to this website, and Tughaa LTD accepts no responsibility or liability for any losses or penalties whatsoever that may be incurred as a result of any linking to any location on any linked websites.

INTELLECTUAL PROPERTY

The Website, including (but not limited to) text, content, software, video, music, sound, graphics, photographs, illustrations, artwork, photographs, names, logos, trademarks, service marks and other material (“Content”) is protected by copyrights, trademarks and/or other proprietary rights. The Content includes both contents owned or controlled by Tughaa LTD and content owned or controlled by third parties and licensed to Tughaa LTD. All individual articles, reports, and other elements making up the Website may be copyright works. You agree to abide by all applicable copyright laws and by all additional copyright notices or restrictions contained in the Website. You may not use any of Tughaa LTD trademarks or trade names without Tughaa LTD prior express written consent and you acknowledge that you have no ownership rights in and to any of those names and marks. You agree to notify Tughaa LTD in writing promptly upon becoming aware of any unauthorised access to or use of the Website by any party or of any claim that the Website or any of the contents of the Website infringes any copyright, trade mark, or other contractual, statutory or common law rights of any party.

LICENCE AND DOWNLOAD RIGHTS

You acquire no rights or licences in or to the Website and/or the Content other than the limited right to use the Website in accordance with these Terms and to download on the terms set out in this section. Other than as set out in this section you may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to create derivative works from, transmit, or in any other way exploit any part of the Website. Download is permitted by Tughaa LTD provided only that:

  • you make no more than one printed copy of such download and no further copies of such printed copy are made;
  • you make only personal, non-commercial use of such download and/or printed copy; and
  • you retain on such download and/or printed copy all copyright notices and shall remain bound by the terms of such wording and notices.

Additionally, you may not offer for sale or sell or distribute over any other medium (including distribution by over-the-air television or radio broadcast or distribution on a computer network) the Content or any part thereof. You may not make any part of the Website available as part of another website, whether by hyperlink framing on the internet or otherwise. The Website and the information contained therein may not be used to construct a database of any kind, nor may the Website be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute any database websites containing all or part of the Website.

IMAGE USAGE RIGHTS

Please note that all model, product and logo images available on the Image Database (the “images”) are available to Tughaa LTD customers, salon owners, employees and agents only. You may use the images for the following uses only:

In-salon materials (such as client loyalty cards, service menu cards, brochures, catalogues, leaflets etc.) Artwork must be approved by Tughaa LTD first prior to printing.

For press advertising of your Tughaa LTD salon and its services (but not on any press material that sells or advertises products). Artwork must be approved by Tughaa LTD first prior to printing.

In-salon fixed point of sale material (e.g. posters or showcards)

You are not allowed to use these images in conjunction with any form of advertising on TV, outdoor advertising materials or third party websites that you do not own. Each of the model images has an expiry date (the “26th Dec 2019”). It is illegal for you to use any of the model images after their respective Expiry Date. If you decide to use the images you must credit the images to TUGHAA and include a link back to the TUGHAA website.

NO WARRANTY

The Website and the Content are provided as is excluding any warranties of any kind, either express or implied, to the fullest extent permissible pursuant to applicable law including (but not limited to) the exclusion of warranties of title, merchantability, satisfactory quality, fitness for a particular purpose and non-infringement of proprietary or third party rights. Tughaa LTD further accepts no responsibility or liability for functions contained on the Website and makes no warranties that the Website will operate uninterrupted or error-free or that defects will be corrected. Please note that some jurisdictions do not allow the exclusion of implied warranties, so some or all of the above exclusions may not apply to you. Tughaa LTD does not warrant that the Website is compatible with your computer equipment or that the Website or its server is free of errors or viruses, worms or “Trojan horses” and Tughaa LTD is not liable for any damage you may suffer as a result of such destructive features. Tughaa LTD shall not be held responsible for Content provided by third parties. Tughaa LTD is also not responsible for the reliability or continued availability of the telephone lines and equipment you use to access the website. These Terms do not affect your statutory rights or your legal rights as a consumer.

LIMITATION OF LIABILITY

You acknowledge that your use of the Website, including the Content is at your own risk. If you are dissatisfied with the Website, the Terms or any or the Content your sole remedy is to discontinue use of the Website. Save in respect of fraud and of personal injury or death to the extent it results from Tughaa LTD negligence, in no event will Tughaa LTD be liable to you or any third party for any direct, special, indirect, consequential or incidental damages, exemplary or lost profits, or any other damages of any kind whether based on warranty, contract, tort (including negligence) or otherwise, even if Tughaa LTD has been advised of the possibility thereof. Applicable law may not allow the limitation or exclusion of liability for consequential or incidental damages, so this limitation or exclusion may not apply to you.

LOCAL LAWS AND REGULATIONS

The Website is not directed at any person in any jurisdiction where for any reason the publication or availability of the Website is prohibited. Those in respect of whom such prohibitions apply must not access the Website. Tughaa LTD does not represent that either the Website or the Content are appropriate for use or permitted by local laws in all jurisdictions. Those who access the Website do so on their own initiative and are responsible for compliance with applicable local laws or regulations; legal advice should be sought in cases of doubt.

INDEMNITY

You agree to indemnify, defend, and hold harmless each of Tughaa LTD, its employees, representatives and agents, from and against any claims, actions, demands or other proceedings brought against any of Tughaa LTD, its employees, representatives or agents, by a third party, to the extent that such claim, suit, action or other proceeding brought against Tughaa LTD, its employees, representatives, suppliers, or agents is based on or arises in connection with:

  • your use of the Website;
  • any breach by you of the Terms;
  • a claim that any use of the Website by you
  • (aa) infringes any intellectual property rights of any third party, or any right of personality or publicity, or
  • (bb) is libellous or defamatory, or otherwise results in injury or damage to any third party;
  • any deletions, additions, insertions, or alterations to, or any unauthorised use of, the Website by you; or
  • any misrepresentation or breach of representation or warranty made by you contained herein.

References in this section of the Terms to your use of the Website shall be deemed to include any use by a third party where such a third party accesses the Website using your computer. You agree to pay Tughaa LTD, its employees, representatives, and agents any and all costs, damages, and expenses (including reasonable legal fees) awarded against any of them or otherwise incurred by any of them in connection with or arising from any such third party claim, suit, action or proceeding attributable to any such third party claim.

TERMINATION

Either you or Tughaa LTD may terminate these terms with or without cause at any time. If Tughaa LTD terminates these terms, Tughaa LTD will email you at the address you provide on registration, and you will be deemed to have received it within one hour of transmission. Termination will be effective at that time. You will be responsible for notifying us of any changes to your email address. You may terminate by sending an email to info@tughaa.com. On termination you shall destroy all Content, and copies thereof, obtained from the website.

CHANGES TO THE WEBSITE

You accept that Tughaa LTD has the right to change the content or technical specifications of any aspect of the Website at any time at Tughaa LTD’s sole discretion. You further accept that such changes may result in your being unable to access the website.

WAIVER

No waiver by Tughaa LTD of any breach of any obligation arising under these Terms shall constitute a waiver of any other breach and no failure to exercise or partial exercise by Tughaa LTD of any remedy shall constitute a waiver of the right subsequently to exercise that or any other remedy.

GOVERNING LAW AND JURISDICTION

The Terms are governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the English courts.