Thank you for visiting the Mentholatum website and your interest in our Mentholatum products (the “Products”).
Access to the Mentholatum website is provided to you by The Mentholatum Company Limited having its principal place of business at 1 Redwood Avenue, Peel Park Campus, East Kilbride G74 5PE, Scotland, UK. Registered in England and Wales under Company Number: 197071 and having its registered office at Tricor Suite, 4th Floor, 50 Mark Lane, London, EC3R 7QR. VAT registration number: 208310014 (“The Mentholatum Company”, “we”, “our”, “us”).Please make sure that you read these terms and conditions and the documents referred to herein (the “Terms & Conditions”) carefully as by using the Mentholatum website, you are acknowledging that you have read, understood, and agreed, without limitation or qualification, to be bound by these Terms & Conditions.
We reserve the rights to update our Terms & Conditions at any time and without any notice so please ensure that you read our Terms & Conditions every time you use the Mentholatum website.
2.1 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of the Terms & Conditions.
3.1 You agree to use the Mentholatum website for lawful purposes only and we reserve the right, at our sole discretion to deny any user access to all or part of the Mentholatum website, without notice. We reserve the right to change or revise all or any part of the conditions at any time by posting changes on-line. By your continued use of the Mentholatum website after changes to the conditions are posted, you will be deemed to have accepted any changes made.
4) Website content / Product information
4.1 The information provided on the Mentholatum website is general information and we will take reasonable care to ensure that the information is kept up to date. Whilst we believe the materials on the Mentholatum website to be true and accurate as at the date of writing we can give no assurances and we don’t warrant that the content on the Mentholatum website is accurate, complete, reliable, correct or error free or that the applicability of any of the content in relation to specific situations or particular circumstances and accept no liability for loss or damage caused by inaccurate information.
4.2 The Mentholatum Company is not responsible for any Mentholatum or Product related information used by third parties on their own websites and promotional materials.
4.3 We accept no responsibility for and exclude all liability for damage and loss in connection with browsing our Mentholatum website, use of information on this website and downloading any material from it including but not limited to errors, inaccuracies, omissions and misleading or defamatory statements, whether direct or indirect or consequential.
4.4 We cannot promise that access to the Mentholatum website will be uninterrupted or entirely error free. We will not be responsible in any circumstances for any consequential or incidental damages (including but not limited to loss of profits, loss of privacy and loss of data) or for any other indirect, special or punitive damages whatsoever that arise out of or that are related to use of the Mentholatum website.
4.5 Whilst it is our policy to virus check documents and files before they are posted on the Mentholatum website we cannot guarantee that documents or files downloaded from this website will be free from viruses and we do not accept any responsibility for any damage or loss caused by any virus. Accordingly, for your own protection, you must use a virus-checking software when using our Mentholatum website.
4.6 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.
4.7 The Mentholatum website must not be framed on any other site, nor may you create a link to any part of the Mentholatum website other than the home page. We reserve the right to withdraw linking permission without notice.
4.8 Links to third party websites are provided for information only. We do not accept any responsibility for such websites or their contents or for any loss or damage that may arise from your use of them.
5 Intellectual property
5.1 All content available on the Mentholatum website – including but not limited to trademarks, copy, graphic, images, logo, design, audio, data compilation, and software, is property of The Mentholatum Company and none of it may be used, reproduced, copied, duplicated, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent.
5.2 If you require any product information/pack images for any other purpose other than in accordance with these Terms and Conditions, please contact us for our prior written consent. Any breach of our intellectual property rights will be investigated seriously and dealt with as appropriate.
6 Limited Licence
6.1 We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Mentholatum website. This limited licence does not include the right to: (i) frame or utilise framing techniques to enclose the Mentholatum website or any portion thereof (ii) modify or download the Mentholatum website or its contents (except caching or as necessary to view content); (iii) make any use of the Mentholatum website or its content other than personal use; (iv) create any derivative work based upon either the Mentholatum website or its content; (v) collect account information for the benefit of another party; (vi) use any meta tags or any other “hidden text” utilising our name or the trademarks; or (vii) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. We also grant you a limited, revocable, and non-exclusive license to create a hyperlink to the home page of the Mentholatum website for personal, non-commercial use only. A website that links to our website (i) may link to, but not replicate, our content; (ii) may not imply that we are endorsing such website or its services or Products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content that is lawful and appropriate for all ages; (v) may not portray us or our Products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable Products, services, or opinions; (vi) may not use any trademark without express written permission; and (vii) may not link to any page of our Mentholatum website other than the home page. We may, in our sole discretion, request that you remove any link to the Mentholatum website, and upon receipt of such request, you shall immediately remove such link. Any unauthorised use by you of the Mentholatum website terminates the limited license set forth in this section without prejudice to any other remedy available to us as provided by the applicable law.
7.1 The Mentholatum website and its contents are provided on an “as is” and “as available” basis and we make no, and expressly exclude all, representations, conditions or warranties of any kind with respect to the Mentholatum website or its contents, or any content on or accessed through the Mentholatum website, including, without limitation, fitness for a particular purpose, accuracy, timeliness or completeness. This disclaimer is without prejudice to any disclaimers that may appear from time to time on our literature.
7.2 We, including all directors, other office holders, employees or other representatives exclude to the fullest extent permitted by law:
7.2.1 All conditions, warranties, representations and other terms which might otherwise be implied by statue, common law or the law of equity.
7.2.2 Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Mentholatum website or in connection with the use, inability to use, or results of the use of the Mentholatum website, any websites linked to it and any materials posted on it, including, without limitation any liability for (direct or indirect):
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and
- Any other loss or damage of any kind, however arising and whether caused by delict (including negligence), breach of contract or otherwise, even if foreseeable.
7.3 Nothing in this clause 7 affects our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
8 Reliance on information posted
8.1 Commentary and other materials posted on the Mentholatum website are not intended to amount to advice on which reliance should be placed. We therefore disclaim any and all liability and responsibility arising from any reliance placed on such materials by any visitor to the Mentholatum website, or by anyone who may be informed of any of its contents.
Contracts for the supply of services or information formed through the Mentholatum website or as a result of visits made by you are governed by our Terms & Conditions of Supply.
Enforceability and Jurisdiction