no7 Beauty
Terms and Conditions
IMPORTANT: PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE PARTICIPATING IN THE AFFILIATE PROGRAMME.
TERMS AND CONDITIONS OF USE
These Terms and Conditions govern your promotion and marketing of the No7 Brands and No7 Products during your participation in the Affiliate Programme;
By participating in the Affiliate Programme you are confirming that you accept these terms and that you agree to comply with them. If you do not agree to these terms and conditions, you must not participate in the Affiliate Programme.
If you require advice on a specific problem please contact alexandra.patrick@no7company.com or ding.wang@no7company.com.
GENERAL
The Affiliate Programme and the No7 URLs are provided by Boots UK Limited, a company incorporated in England and Wales (company number 928555), whose registered office is at Nottingham NG2 3AA (“No7”).
References in these terms and conditions to:
"Affiliate”, or "you" or "your" means the participants in the Affiliate Programme, who have been approved by No7 to put in place an Affiliate Link to facilitate the generation of leads and transactions for No7.
“Affiliate Programme” means the programme and network through which Affiliates will market No7 or its products;
“Affiliate Link” means a hyperlink from an Affiliate Website to a No7 URL;
“Applicable Laws” means all applicable laws, legislation, European regulations, statutes, statutory instruments, regulations, edicts, bye-laws, codes or directions or guidance from government or governmental agencies whether local, national, international or otherwise existing from time to time.
“No7 Brands” means “Boots”, “No7” “no7 Beauty”, “no7 Mediterranean”, “Botanics”, “Natural Collection”, “Soltan”, “Shapers”, “Boots the Chemist”, and any other Walgreens Boots Alliance brand of which No7 may notify Affiliates from time to time;
“No7 Companies”, each a “No7 Company”, shall mean No7 and its Group Companies;
“No7 Products” means a product, service or equivalent offered for sale by No7 on any No7 URL;
“No7 Trademarks” means all trade marks belonging to The Boots Company PLC, Boots UK Limited or the No7 Companies including, without limitation, the trade marks “Boots”, “boots.com”, “No7” “17”, “No7 Mediterranean, Botanics”, “Natural Collection”, “Soltan”, “Shapers” and “Boots the Chemist”;
“No7 URLs” means the websites owned by any of the No7 Companies and accessible at www.no7beauty.co.uk as the case may be in relation to the relevant Affiliate Programme;
“Group Company” means any holding company or subsidiary of No7 or any of their holding companies. A company is a "subsidiary" of another company, its "holding company", if that other company (i) holds a majority of the voting rights in it, or (ii) is a member of it and has the right to appoint or remove a majority of its board of directors, (iii) or is a member of it and controls alone, pursuant to an agreement with other members, a majority of the voting rights in it;
The No7 Companies are owners or licensees of all intellectual property rights in the No7 URLs and in the material published on them. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
The trade marks, logos and trade names displayed on the No7 URLs ("Marks") are the property of the No7 Companies, or other third parties. You are not permitted to download, copy, modify or use the Marks without the prior written consent of No7 or the consent of such third party who may own the Marks. (See also the section below on Trade Marks.)
The No7 Companies and their suppliers own the intellectual property rights in the software that runs the No7 URLs. Save to the extent expressly permitted by applicable laws, you must not copy, modify, download, distribute, decipher, de-compile, interfere with or attempt to interfere with that software without No7’s prior written consent.
You must not post or provide to No7 via this Affiliate Programme, any document or file which you believe may contain a virus. You must virus check any document or file which you intend to post or provide to No7, or link to a No7 URL, via the Affiliate Programme or an Affiliate Link. You must not misuse the No7 URLs by knowingly introducing computer viruses, other malicious code or harmful components. You must not attempt to gain unauthorized access to the No7 URLs. In the event of a breach by you of this clause 1.6, your right to participate in the Affiliate Programme will cease immediately and you will indemnify the No7 Companies for any loss or damage the No7 Companies suffer as a result of your breach.
You may only set up an Affiliate Link with the prior written consent of No7, which may be requested by email to alexandra.patrick@no7company.com or ding.wang@no7company.com. and is subject to the following terms and conditions:
You must not:
Replicate the No7 URLs;
Create a frame or any other browser or border environment around the No7 URLs;
Use, set up, establish or bid for any domain name or social media account that includes reference to a No7 Brand or includes a No7 Trademark or anything similar to a No7 Trademark or No7 Brand (including misspellings).
In any way imply that No7 is endorsing any products or services other than its own;
Use the word ‘official’ in any of your advertisements;
Use, set up, establish any domain name that would mislead the consumer to believe that the website is associated with No7, for example, www.[no7domain].com. For the avoidance of doubt, you are permitted to use www.[domain].com/no7; however, this must not be Used as a display URL within listings on paid-for-performance search engines (for example, Google.com), or in an e-mail address.
Use www.no7beauty.co.uk as the display URL in Google, or any other paid performance website or generally mislead the consumer into believing any advertisement is from the official www. or www.no7beauty.co.uk web site. For the avoidance of doubt, this applies to and includes all paid performance keywords.
Remove, distort or otherwise alter the size or appearance of the logo of a No7 Brand or any other No7 Trademarks;
Misrepresent your relationship with No7 nor present any other false information about No7;
Use or display anywhere (including but not limited to on your website) any trade marks or logos or any trading name of No7 without express prior written permission from No7;
Link (including via Affiliate Link) from a website that is not owned by you;
Send any unsolicited email to any person either under or in connection with any Affiliate Programme. Should you wish to send out a “solus” No7.com email please contact your No7 representative at alexandra.patrick@no7company.com or ding.wang@no7company.com. for approval.
You may only link to the No7 URLs in a way that is fair and does not damage No7’ reputation or take advantage of it.
You must obtain prior written approval from No7 before taking/scrapping any content from the No7 URLs.
Any website of yours (whether or not such website contains a link to No7 URLs), or content/media you publish, must not contain or endorse any content that:
Contravenes any Applicable Laws or contravene any person's legal rights or promotes, advocates or assists any illegal activity;
Is non-compliant with Advertising Standards Agency requirements and the CAP Code;
Is indecent or obscene, contains any sexually explicit material or promotes or refers to sexual activity;
Is abusive, offensive, hateful, threatening or inflammatory, is disrespectful of other people’s privacy and is likely to harass, upset, embarrass, alarm, deceive, inconvenience or annoy anyone;
Promotes violence or gambling;
Promotes any form of ‘buy now and pay later’ or other lending/credit related services;
Is used to impersonate anyone or to misrepresent identity or affiliation with any person or organisation;
Is libellous or defamatory;
relates to cryptocurrencies;
promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; or
infringes any copyright, database right, trade mark or other intellectual property of any person;
must not in any other way be indecent or inappropriate or incompatible with No7’s reputation; and
You will comply with any direction that we may give in relation to the link to the No7 URLs and/or to the use or display of the No7 Trademarks, trading names, and logos.
No7 expressly reserves the right to revoke consent and/or the rights granted in clause 1.7 for you to link to the No7 URLs websites at any time at No7’s discretion and without notice and to require you to immediately remove from your website, social media profile or any other location any links to the No7 URLs (including Affiliate Links), No7 trading names, No7 Trademarks and No7 logos and, if any provisions of clause 1.7 have been breached, to take any action No7 deems appropriate against you.
You shall fully indemnify each of the No7 Companies for any breach by you of clause 1.7.
You will not at any time during or after your participation in the Affiliate Programme disclose to any third party any confidential information relating to the No7 Companies, unless required by law. You will return to No7 on request any confidential information or property belonging to No7.
No7 and You will comply with all Applicable Laws relating to Personal Data.
Except to the extent required in order to use the No7 URLs in accordance with these terms and conditions, you may not copy, store in any medium (including in any other website), distribute, transmit, re-transmit, broadcast, modify, delete or show in public any part of the No7 URLs or systematically extract material from the No7 URLs or any document available through them, create any derivative works from them or in any other way exploit commercially all or any part of the No7 URLs or any document available through them without No7’s prior written consent.
No7 reserves the right to vary or amend these terms and conditions from time to time. Any changes shall take effect upon reasonable notice to you (which shall include by publishing them on the Awin affiliate platform).
Any dispute arising between you and us, or you and a No7 Company in relation to these Terms and Conditions shall be governed by English law, and the courts of England and Wales will have exclusive jurisdiction for the purposes of any such dispute.
If any of these Terms and Conditions is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect:
the legality, validity or enforceability in that jurisdiction of any other term or condition, which shall continue to have full force and effect; or
the legality, validity or enforceability in other jurisdictions of that or any other term or condition, which shall continue to have full force and effect.
Each No7 Company may enforce any clause of these Terms and Conditions. No other person who is not a party to these Terms and Conditions may enforce any of them under the Contracts (Rights of Third Parties) Act 1999.
No waiver of any of these Terms and Conditions shall be valid unless provided in writing by us.
Except as set out in this clause 1.16, the express provisions of these Terms and Conditions are in place of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law. The No7 Companies may on reasonable notice to you specify additional issue further instructions in relation to the Affiliate Programme (“Guidelines”). You must comply with any Guidelines issued by the No7 Companies. If there is any inconsistency or conflict between the provisions of any Guidelines and the provisions of these Terms and Conditions, the provisions of these Terms and Conditions shall prevail.
No7, in its sole discretion, has the right to terminate the agreement and refuse any and all current or future use of the Affiliate Program, or any other No7 Company service, for any reason at any time.
Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to the No7 URLs all our images and other materials provided under or in connection with the Affiliate Program.
All notices given by you to No7 must be given by email to the following address: alexandra.patrick@no7company.com or ding.wang@no7company.com. No7 may give notice to you by email (to such address(es) as you make available to us from time to time, by post or via publication on the Awin platform.
PURCHASE OF GOODS
Where Products or other goods are purchased from a No7 URL the Terms and Conditions available at that URL will apply to those purchases.
DISCOUNT/VOUCHER CODES
Only discount and/or voucher codes (“Codes”) that are supplied to Affiliates by No7 are valid for use by Affiliates. Any Codes that have not been approved by No7 or are found to be displayed on websites that have not been approved by No7 will result in commissions for such Codes being declined.
No7 will decline commission on sales which contain an unauthorised Code, or relate to an exclusive Code that has tracked through a different publisher from the Affiliate to whom the exclusive Code was assigned.
For the avoidance of doubt, any vouchers which have been added to the ‘My Offers’ section of the Awin website, communicated through Awin newsletters or by a member of the Awin affiliate team for a No7 URL are eligible for commission.
Customers must be logged in to the No7 URLs to redeem Codes.
Codes may not apply to certain products, which may change from time to time at the discretion of the No7 Companies. A full list of currently excluded products can be requested via email to alexandra.patrick@no7company.com or ding.wang@no7company.com.
Affiliates should ensure that customers are aware that certain products may not be purchased with Code discounts.
Where Codes are issued with an expiry date this should be clearly displayed, and Codes should be removed or explicitly marked as expired after this date.
COMISSION
No7 reserves the right to reasonably decline any commission (or “Affiliate Fees”) payable on any transaction pursuant to the Affiliate Programme. Reasons for declined commissions or Affiliate Fees will be provided by a No7 representative to you in writing; however, you understand and agree that No7 retains sole discretion to decline commission or Affiliate Fees and is not obligated to enter into any correspondence beyond provision of its initial reasons for declining such commission or Affiliate Fees.
We reserve the right to cancel any orders which fit the definition of a B2B sale and commission on these orders will be denied. A B2B sale is a sale to a customer who does not have, or we suspect, in our discretion, may not have, the intention to use the products for their own personal use.
ONLINE RETURN POLICY
You may return any unwanted items to any No7 retail store within 35 days of receiving your order for a refund or replacement, or return free of charge using the returns label on the invoice received with your order. No7 regrets that it is unable to exchange items.
Any items that are unused and in their original packaging can be returned under No7’ 35 day returns policy. Electrical and photographic equipment will only be accepted if complete with all leads, accessories and software. Any software must have its original seal intact.
No7 reserves the right to refuse an exchange or refund if goods are not returned in a saleable condition or are damaged.
All returns are evaluated before being processed.
Unless faulty, medicines, food, personalised gifts or cosmetics products which have been opened cannot be refunded or exchanged.
Faulty items will be accepted up to the manufacturer’s warranty terms.
Large items should be dismantled to a reasonable degree prior to collection.
This section 2.5 does not affect your statutory rights.
PRIVACY POLICY
No7’s Privacy Policy | No7 UK sets out the terms on which we process and use any personal data we collect from you or that you provide to us. By using the No7 URLs you consent to such processing and terms and you warrant that all data provided by you is accurate. Our privacy policy also contains information on our use of cookies.
MARKETING
From time to time we may use any of the information you submit to us, including personal data, to provide you with marketing information about us. This is also explained in our Privacy Policy Privacy Policy | No7 UK
TRADE MARKS & Publicity
In these Terms and Conditions no licence has been granted to use any No7 Trademarks.
You must not:
Bid directly or indirectly on any search engine for any brand name or term that features a No7 Brand or a No7 Trademark or any confusingly similar trade marks to, or misspellings or derivatives of the No7 Trademarks. We strongly recommend you set the No7 Brands terms as a “negative match” in your search campaigns.
Use the No7 Trademarks, or misspellings or confusingly similar variations of the No7 Trademarks, in written copy of any adverts on pay-per-click search engines;
Pass yourself off as owning any of the No7 Trademarks;
Take any action which is likely to confuse or mislead third parties into believing that you own the No7 Trademarks;
Use the No7 Trademarks or reference the Affiliate Programme in any ‘bulk email’ without our prior written consent;
Use the No7 Trademarks:-
For any purpose which has not been expressly authorised by No7;
for the purpose of diverting customers to websites not owned by the No7 Companies or to give priority to websites not owned by the No7 Companies over the No7 URLs;
for the purpose of registering any URLs that include any of the No7 Trademarks, or any version that could be mistaken for an official web site of the No7 Companies;
for the purpose of using "add to favourite" campaigns that would mislead consumers to think that they are bookmarking a web site of the No7 Companies when in fact they are bookmarking a web site of an Affiliate or other third party;
for the purpose of using creatives of the No7 Companies in pop-up or pop-under windows, or to link to any web site of the No7 Companies by embedding them in a frame from the Affiliate’s web site. It should also be clear to consumers that by clicking on the Affiliate Link to a No7 URL they have left the web site of the Affiliate and are now on a web site owned by the No7 Companies and that the URL should not be masked in any way;
Without No7’s prior written consent, use, represent, reference or mention any No7 Company, No7 Company trading name, No7 Company logo, No7 Brand or No7 Trademark, in any press releases or other communications.
Notwithstanding anything to the contrary in this these Terms and Conditions, you will not (without No7’ prior written consent): (i) advertise or disclose to any third party that you are a participant in an Affiliate Programme; or (ii) use the names, brands, logos or other trademarks of any of the No7 Companies.
SOCIAL MEDIA TERMS
This section 6 applies to any Affiliate who will publish any post or carry out any other activity on a social media platform in connection with the Affiliate Programme.
You must not post, comment or otherwise interact with any social media platform operated by or affiliated with a No7 Company in order to attempt to drive visitors to your Affiliate Link or Codes;
All content you post on social media in connection with the Affiliate Programme (“Content”) must be compliant with all Applicable Laws, including but not limited to Advertising Standards Agency and Competitions and Markets Authority requirements and the CAP Code. By way of example only, You should use hashtag disclosures to indicate that it is an advert in accordance with Applicable Laws (such as ensuring #ad in the United Kingdom (“UK”) is placed prominently on all Content, and that such label is visible to the viewer prior to the viewer engaging with such Content) as well as specific disclosures or form of words required by No7. Where applicable, you will comply with ASA/CAP guidance on Nutrition and Health Claims, the EU Regulation (EC) No 1924/2006, the Nutrition (Amendment etc.) (EU Exit) Regulations 2019, the Nutrition (Amendment etc.) (EU Exit) Regulations 2020 and the Department of Health Nutrition and Health claims guidance.
You remain the legal owner of any Content you upload and post to social media channels in connection with the Affiliate Programme, except to the extent such Content contains No7 Trademarks, or other intellectual property which is owned by a No7 Company or any other third party.
By uploading Content to social media channels which is connected with the Affiliate Programme, you grant us a non-exclusive, royalty-free, transferable, sub-licensable, perpetual, worldwide licence to use, adapt, modify, enhance or create derivative works from such Content, as necessary or desirable for the purposes of providing, improving, expanding and promoting the products and services of the No7 Companies including paid advertising campaigns and any other products or services we may offer or provide from time to time. You agree that the No7 Companies may identify you by name, username, likeness, or social media handle when reposting or sharing your content.
We reserve the right to require the removal by you of any Content connected with the Affiliate Programme or the No7 Companies from publication (on any social media platform, or elsewhere) immediately on notice.
You warrant that: (a) the Content is original and does not infringe or misappropriate the rights (including intellectual property rights) of any third party (b) any opinions and views stated in the Content are genuinely held by you and that the Content does not contain any representations or material which you know or suspect to be false, misleading or deceptive; and (c) you are at least 18 years of age.
You will: (a) ensure that the Content is not defamatory, libellous, slanderous, obscene or likely to cause offence; (b) ensure that the image/video quality of the Content is of a high standard and clear resolution.
You will not use social media in any way or perform any actions or make any statements, at any time that may be defamatory, false or misleading or that may bring the No7 Companies into disrepute, contempt, scandal or ridicule or damage its business interests (whether directly or indirectly).
You warrant and undertake that neither you nor any associated person will: (a) engage in an activity, practice or conduct which could constitute an offence under the Bribery Act 2010 or other anti-corruption legislation (“ABAC Laws”) or implicate No7 in such an offence, or is otherwise contrary to ABAC Laws.
Your relationship to No7 is that of independent contractor and nothing in this agreement will constitute you as an employee of No7.
CONTACT
For general enquiries relating to the Affiliate Programme or these Terms and Conditions please email the No7 Team at alexandra.patrick@no7company.com or ding.wang@no7company.com.