By using the Foundation Finder, you confirm that you accept these Terms and that you agree to be bounded by them. If you do not agree to these Terms, do not use the Foundation Finder.
2. FOUNDATION FINDER FUNCTIONALITY
Foundation Finder is a beauty-tech tool which allows you to complete a questionnaire to find your recommended foundation and other products (the “Recommended Products”). The recommendations provided by Foundation Finder can in no event replace qualified professional consultation, nor substitute for medical diagnosis, consultation or treatment, or replace an actual test of the products on your skin.
In order to participate in the Experience, you will need a device equipped with a camera and/or a QR Code reader software.
To access the Foundation Finder, you can either scan the QR code located in a participating retail store to be directed to retailer’s website or you can visit directly the brand website product pages. Then, you can follow the instructions to run the online tool on your device.
The Foundation Finder provides a suggestion of the closest shade and/or finish to the description you have made of your skin and of your expectations and does not constitute a guarantee that the result will be satisfying on your skin when you will try the foundation in reality, as it depends among other things, on the relevance of the information you gave when answering the questionnaire.
The Recommended Products will not be offered for sale on the Foundation Finder. You have no obligation to purchase the Recommended Products. Coty does not guarantee their availability on retailer’s websites.
Any prices of Recommended Products and Beauty Products displayed are indicative and are subject to change, at the sole discretion of the retailer. Coty declines all responsibility for any incorrect/inaccurate prices. Any claims relating to the prices which are brought to the attention of Coty will be forwarded to the relevant retailer.
4. DATA PROTECTION
To the full extent permissible by applicable law in your jurisdiction, Coty reserves the right to modify or update these Terms at any time without notice and your continued use of the Foundation Finder after Coty posts any revised Terms means you agree to be bound by such modifications or updates.
If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions.
If at any time you do not wish to accept the Terms or the revised Terms, you may not use the Foundation Finder.
6. INTELLECTUAL PROPERTY
Coty owns or licenses all the intellectual property rights in the Foundation Finder, and in the material published on it by Coty or on its behalf (the “Content”).
You acquire no rights of any kind in the Foundation Finder, the Content other than the limited right to use the Foundation Finder in accordance with these Terms.
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 Foundation Finder and/or its Content.
In relation to the use of the Foundation Finder, you grant to Coty a royalty free, non-exclusive, transferrable, sub-licensable, irrevocable license to use your image for the purpose of providing you the Experience and, as the case may be, to reproduce it in the form of a photograph sent to you. You represent and warrant that you will not make any direct or indirect commercial use of this photograph.
7. ACCESSING AND CHANGES TO THE FOUNDATION FINDER
The Foundation Finder is made available free of charge, being specified that an Internet connection and either a computer, a mobile phone, or a tablet are needed in order to access to the Foundation Finder. Coty does not guarantee that the Foundation Finder will always be available/uninterrupted. Coty will not be liable for such unavailability or interruption. Coty may suspend, withdraw, discontinue or change all or any part of the Foundation Finder or of the Content without notice.
Coty does not warrant that the Foundation Finder is compatible with your computer equipment, your tablet or your mobile phone. You hold the responsibility to make the necessary arrangements to have access to the Foundation Finder.
You are also responsible for ensuring that all persons who access the Foundation Finder through your internet connection are aware and comply with the Terms.
8. WARRANTY AND LIMITATION OF LIABILITY
The Foundation Finder is provided by Coty on an 'as is' and 'as available' basis. Coty makes no representations or warranties of any kind, express or implied, as to the use of the Foundation Finder or to the Content. You expressly agree that your use of the Foundation Finder is at your sole risk.
To the full extent permissible by applicable law, Coty disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
Coty does not warrant that the Foundation Finder, its servers, or e-mails sent from Coty or on Coty’s behalf by its service providers are free of viruses, worms, logic bombs, “Trojan horses”, or other harmful components (the “Viruses”).
Coty will not be liable for any damages of any kind arising from the use of the Foundation Finder, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
You will indemnify and hold harmless Coty, its parents, subsidiaries and affiliates and their directors, employees, representatives, agents, licensors, and service providers (the “Coty Party/ies”) from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by the Coty Parties, and shall defend the Coty Parties against any and all claims arising out of :
i. your use of the Foundation Finder;
ii. your breach of these Terms;
iii. fraud you commit, or your intentional misconduct or gross negligence
The applicable Coty Party will control the defense of any claim to which this indemnity may apply, and in any event, you shall not settle any claim without the prior written approval of such Coty Party.
You must not misuse the Foundation Finder by intentionally introducing Viruses. You must not try to get unauthorized access to the Foundation Finder, the server on which the Foundation Finder is stored, or any server, computer or database connected to the Foundation Finder.
In the event any breach to this provision, your right to use the Foundation Finder will cease immediately.
11. ENTIRE AGREEMENT AND GOVERNING LAW
To the fullest extent permitted by law, any dispute of any sort that might arise between you and Coty from the use of Foundation Finder, shall be governed by American Law. To the fullest extent permitted by law, you hereby expressly agree that any proceeding arising out of or relating to your use of the Foundation Finder shall be instituted before the Courts of New York.
12. CONTACT US
If you have any questions or comments regarding these Terms, you can contact us by filling the Contact us form and by selecting your language of choice in the language dropdown at the top-right of the form.