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The Untamed NG – terms & conditions for online sales

Date of last update: June 2023

Welcome to the The Untamed website (the « The Untamed site” or the “Site”), operated by The Untamed Limited a company registered in Nigeria with company registration number 1776238 and whose registered office is located at 1 Sapara street, Off Oba Akran avenue, Lagos, Ikeja, Lagos state, Nigeria (“The Untamed”, “we”, “us” or “our”).

Your use of the Website, its materials, and any other content offered in connection with the Website, as well as your subscription to a Membership or your placement of an order for Products on the Site, shall signify your acceptance and agreement to comply with these T&Cs. The term “Terms and Conditions” encompasses all the documents mentioned on this page, such as our Privacy Policy, Membership Terms, Return Policy and compensation plan, along with any other policies or terms referred to herein or therein, including any updates, amendments, or revisions to such documents. Please read these T&Cs carefully and, if you are unhappy with any aspect, you should contact one of our customer service advisors before placing an order with us.

We reserve the right to modify these Terms and Conditions periodically to reflect changes to our Memberships, Products, or due to changes in the law. Any changes made will be posted on the Website, and if the changes are significant, we will notify you by email. Your continued use of the Website after the posting of revised terms and conditions indicates your acceptance and agreement to the changes. Please note that the revised terms and conditions will not be applied retrospectively unless you have explicitly agreed to them. If you do not agree to these Terms and Conditions, you are not authorized to use the Website, subscribe to a Membership, or purchase any Products from it, and you must immediately discontinue using the Website.

About The Untamed

All sales on this Site are made by The Untamed Limited a company registered in Nigeria with company registration number 1776238 and whose registered office is located at 1 Sapara street, Off Oba Akran avenue, Lagos, Ikeja, Lagos state, Nigeria.

Other Policies

Additional policies, including but not limited to the following (which can be accessed by clicking on the link below), also form part of these T&Cs and should be read carefully before placing an order:

Liabilities

This section of the Terms and Conditions sets the liability of You and The Untamed regarding the use of the website, services, and products. By using the website, subscribing to a membership, or purchasing products, you agree to these terms. The Untamed provides products and services on an “as is” and “as available” basis and is not liable for any damage or loss that results from accessing content on the website or using its services. You agree to defend and hold The Untamed harmless from any claims or damages arising from your use of the website or breach of these terms and conditions.

If The Untamed fails to comply with these terms and conditions, it is only responsible for reasonably foreseeable losses that result from its breach. The company is not responsible for indirect or consequential losses, even if they result from a deliberate breach of these terms and conditions.

In case of any legal disputes, the laws in effect at the time of the relevant contract will govern the case, and all such contracts are binding on both parties. Certain countries, states, and jurisdictions may not allow the limitation of liability for certain damages, and in such cases, some or all of the limitations mentioned in these terms may not apply.

Eligibility

Contracts for Memberships or Products are binding on both parties and their respective successors and assigns.

In order to make a purchase through the Site or to use some of the services or features made available to you on our Site you will be required to register. When you register, you will be required to provide information about yourself including, but not limited to, your name, telephone number and email address, which is true, accurate, current and complete in all respects. Should any of your registration information change in future you are required to amend your personal online account immediately. We may change registration requirements from time to time. Furthermore, when ordering items, you will be required to provide payment details and you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the billing information provided.

The purchase of Products through the Site is strictly limited to parties who can lawfully enter into and form contracts on the Site in accordance with Nigerian laws.

Pricing policy

We have taken great care in the preparation of the content of this website, in particular to ensure that the details, descriptions and prices quoted are correct at the time of publishing. However, we will only accept orders if there are no material errors in the description of the Products or its price as advertised on this website. All prices are displayed including VAT and exclusive of delivery charges. The total cost of your order is the price of the Products ordered plus VAT at the current rate and delivery charges as set out during the checkout process.

Items in your Shopping Bag will always reflect the most recent price displayed on the item’s Products detail page.

Availability

All Products are subject to availability. Validly stated prices on our website remain in effect for so long as the Products are available or as otherwise stated on our website. We will inform you as soon as possible if the Products you have ordered are not available.

Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.

Ordering errors

You are able to correct errors on your order up to the point at which you click on ‘submit order’ on the final page of our ordering process.

Acknowledgement and acceptance of your order

We will notify you by email as soon as possible to acknowledge receipt of your order and to provide you with an order number. If we are unable to fulfill your order following this acknowledgement, we will contact you by email or telephone advising you of this. We will confirm acceptance of your order by sending you an email that confirms that the Products have been dispatched (“Dispatch Confirmation”).  A legally binding contract between us will be formed when we send you the Dispatch Confirmation (or, in the unlikely event that a Dispatch Confirmation is not sent due to a processing error, when we dispatch the Products to you) (“Contract”). If you require any information concerning your order please email us quoting your order number. We may not accept your order if an item you have ordered is out of stock, if we have identified a Product error or if we are unable to obtain authorization for your payment.

Inspection

You should inspect the Products upon receipt and check that everything specified on the delivery note is included. You will be deemed to have accepted the order unless you notify us (and return the Products in accordance with your cancellation rights or other statutory rights (as referred to at clauses “Your Cancellation Rights” and “Your Other Statutory Rights To Return Products” below).

Payment

Payments can be made through various channels (Visa, Mastercard, American Express, etc…)., and will be debited and cleared from your account at the point at which you complete your order on our homepage. You confirm that the credit or debit card being used is yours. Please note that all credit/debit cardholders are subject to validation checks and authorization by the issuer of the card. If the issuer of your payment card refuses to pay or does not for any reason authorize payment to THE UNTAMED, we will not be liable for any delay or non-delivery of Products. We retain the legal ownership of all Products until full payment has been made by you and received by us and legal ownership of the Products will immediately transfer back to us if we refund any payment for the Products to you. Risk in the Products transfers to you upon delivery.

Questions and complaints

If you have any questions about these T&Cs or wish to contact us to complain about any matter in regard to the Products, please email us at contact.ng@theuntamed.com

Transfer of rights

We may transfer our rights and obligations under these Terms and Conditions to another organization, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under these Terms and Conditions. You may only Transfer your rights or your obligations under these Terms and Conditions to another person if we agree to this in writing.

The Untamed NG – terms & conditions for Membership and Products

Date of last update: June 2023

These Terms & Conditions (the “Terms”), the Compensation Plan (including the Code of Ethics and the Rules of Conduct), the Commercial Programs, Policies and Procedures stipulate The Untamed rules, principles and rights and obligations for Members and together constitute, when you accept them, a binding agreement (“Agreement” or “Member Agreement”) between The Untamed Limited a company registered in Nigeria with company registration number 1776238 and VAT registration number: SLV:060021776238 and whose registered office is located at 1 Sapara street, Off Oba Akran avenue, Lagos, Ikeja, Lagos state, Nigeria (“The Untamed”, “us”) and you (“you”, the “The Untamed Member”, the “Member”) and supersede any previous agreements, representations or undertakings. We have provided copies of these documents to you and we advise you to print or save and retain a copy of these Terms and all other documents comprising the Agreement.

We reserve the right to revise the Agreement including these Terms. The date of the latest update may be found at the end of the Terms. We will inform you of such changes as explained in these Terms. You are responsible for keeping yourself up to date with any such changes.

1. DEFINITIONS

The following definitions are used throughout these Terms:

  1. Customer: any natural person, whether registered as a Member with The Untamed or not, who purchases The Untamed Products online through the website and who, while doing so is acting wholly or mainly outside his/her trade, business, craft or profession;
  2. Closing Period: Monthly on the last day of every month
  3. Commercial Programs: the marketing and sales programs, sponsored by The Untamed from time to time;
  4. The Untamed Products, Products: Cosmetics and the related accessories as well as certain dietary supplements offered for sale under the The Untamed Trademark; the The Untamed Website describes the Products’ main characteristics;
  5. The Untamed Compensation Plan or Compensation Plan: the document comprising The Untamed’s compensation plan, part of the Brand Member Agreement. You can download a copy of the Compensation Plan – LINK
  6. The Untamed Code of Conduct: the document comprising The Untamed’s ethical guides part of the Brand Member Agreements. 
  7. The Untamed Trademarks: the name The Untamed, the The Untamed logo and the names of the products or the product ranges produced, marketed, sold or distributed by us;
  8. Policies & Procedures: those policies and procedures relevant to the benefits of the Compensation Plan, and any variations to the Compensation Plan made for local policy, forming part of the Brand Member Agreement.
  9. Prices: the prices of the The Untamed Products set by The Untamed and displayed on the price lists valid at the time of placing of the purchase order;
  10. Territory: Nigeria
  11. Personal Data: the details provided by you upon your registration as a Brand Member with The Untamed as well as any additional information about you that we may collect or that you may provide us with from time to time.
  12. Personal Information: information relating directly or indirectly to Members, The Untamed Brand Members and other third parties whose information you collect or otherwise process in the course of your relationship with The Untamed.

2. REGISTRATION AND MEMBERSHIP

These clauses are related to membership and purchasing options on The Untamed website.

Clause 2.1 If you purchase a Membership or Brand Membership (Brand Member Kit) during checkout on the website, you will become a member of The Untamed (a “Member”).

Clause 2.2 The benefits of being a Member include access to insider prices for The Untamed Products and any other periodic Commercial Programs and exclude other applicable charges such as shipping charges unless as part of a commercial program. The benefits of being a Brand Member include access to insider prices,  entitlement to use the benefits outlined in The Untamed Compensation Plan and any other periodic Commercial Programs including training and promotional materials, business manuals and kits to start your cooperation with us and exclude other applicable charges such as shipping charges unless as part of a commercial program.

Members and Brand Members must strictly adhere to their respective agreements, including these Terms. If there is any conflict between these Terms and other documents forming part of the Member and Brand Member Agreement, these Terms will prevail.

2.3. You will be registered as  The Untamed Member after we have accepted your application and have granted you a Member number. The conditions of your acceptance as a The Untamed Member are stipulated in the “Membership” Rules section of the Rules of Conduct.

2.4 Automatic renewal: It is important to note that Memberships may have a minimum term and will automatically renew for additional terms of the same length unless you cancel your Membership. If you wish to cancel your Membership, you can find further information on how to do so on the Membership Cancellation page. Your membership will be automatically renewed at the  anniversary date of your registration and the membership fee debited through your selected payment channel.

2.5. Both you and The Untamed may at any time terminate this Membership Agreement as stipulated further in the Terms.

2.6. The membership is personal to you and cannot be assigned or transferred to any other person without our prior written consent.

2.7. If you are a Brand Member,  you are not permitted to register a sponsored person on their behalf. Unauthorized registrations are not allowed. We will hold you fully liable for any claims, costs and sums incurred due to such registration. In addition, the person whom you have registered may have claims against you on the basis of the applicable privacy and civil laws. You may also be, in some cases, subject to criminal proceedings.

The Untamed may offer different types of Memberships with varying fees and terms. These promotional Memberships are still subject to the same Terms and Conditions, unless otherwise stated in the applicable Membership Terms.

MEMBERSHIPS USE: The Membership is intended for personal use and are non-transferable. We reserve the right to refuse any order that we determine to be excessive or that exceeds reasonable expectations for personal use.

Sharing a membership with someone else or using someone else’s membership to order products is not allowed. Each member is responsible for keeping their access credentials confidential and not sharing them with anyone else. Any breach of this provision may result in termination of the membership and/or legal action.

3. MEMBERSHIP CANCELLATION

3.1. NEWLY PURCHASED MEMBERSHIP CANCELLATION: You may cancel a newly-purchased Membership at any time within 14 days beginning on the day after you purchased the Membership without having to give a reason and without penalty by sending us a written notification of termination on email address: contact.ng@theuntamed.com. As soon as we receive your notification we will acknowledge the receipt of your termination.

If you terminate your agreement within 14 calendar days after your registration we will refund you the full cost of the membership including incurred fees and costs and will accept the cancellation of any services ordered but not yet supplied including training and promotional materials, business manuals and kits.  If you have placed orders for Products using your Membership, we reserve the right to deduct from your refund the reasonable cost of providing the Membership to you, which is calculated as the Regular Price (i.e. non-member price) of the Products you ordered, minus the you paid for them. Any Products for which a refund is requested are to be returned to us at your cost within 21 days of the date of your cancellation. For reasons of safety and hygiene we may refuse to accept Products that have been unsealed where that means that those products are no longer in the same condition as at the time of purchase. The money paid in respect of those Products will be refunded on delivery of the Products, or forthwith if the Products have not yet been delivered by us..

3. 2 MEMBERSHIP CANCELLATION

You can cancel a membership at any time by emailing contact.ng@theuntamed.com, and the cancellation will take effect at the end of your current membership term. You do not need to provide a reason for the cancellation.

Additionally, if your annual membership has been renewed, you have the right to cancel it within 14 days of the renewal date by emailing contact.ng@theuntamed.com. In this case, the full fee for the renewed year will be refunded to you.

3.3 REJOINING FOLLOWING CANCELLATION

If a member cancels their membership and wishes to purchase a new membership in the future, The Untamed reserves the right to offer or decline a new membership at their sole discretion. It is also possible that the membership type that was previously held may no longer be available.

3.4 CHANGES TO YOUR MEMBERSHIP TERMS

In the event that we make material changes to your Membership terms, we will notify you by email. If you do not agree with the changes, you will have the option to cancel your Membership and receive a pro-rata refund for the time remaining on your Membership.

4. BUYING PRODUCTS

A.     PLACING AN ORDER

4.1.You may place orders by completing a purchase through our website. We do not accept orders in any other way such as via the phone or similar.

4.2. When we have accepted your order, an order confirmation will be sent to you by e-mail at which point the purchase contract will come into existence. 

4.3. Once your online order is placed, our local Return Policy is applicable.

4.4 Not all Products will be available at all times, and availability may vary based on location and timing. If a Product is out of stock at the time you place your order, we will use reasonable endeavours to inform you before your order is finalised so that you can change or abandon the order.

4.5 The Untamed website may occasionally, and for limited periods of time, not be available due to maintenance or for various technical reasons. The Untamed will not be responsible for such unavailability and will reject any claims in respect thereof.

4.6 We do not allow you to place orders for others than yourself.

B. PERSONAL ORDERS

4.7 You may place orders of Products for your personal self consumption via The Untamed website with a Member discount based on our current status. Products purchased for self consumption may not be resold.

4.8 Your Members and Brand Members will place their own orders via The Untamed website. Purchases made by your Members will be credited to you with instant payout of immediate profit to your e-wallet. 

4.9 You as a Brand Member are responsible for following our Referral Guidelines, to ensure that your Members are credited to you. In case of questions or complaints, please contact customer service at contact.ng@theuntamed.com.

C. PRICES AND PAYMENT

4.10 Except where noted otherwise, the Prices of the Products displayed on the Website represent the full retail price for the Products at the moment the order is placed. All Prices are shown in local currency and are inclusive of VAT. These prices exclude delivery costs, which will be added to your order before your payment is finalized.

4.11 Once the ordering process is complete and Dispatch Confirmation mail received, the prices, products, promotions, and services offered will not be affected by any changes made by The Untamed, except in cases of obvious error. The Untamed reserves the right to change the prices, products, promotions, and services offered at any time and in its sole discretion.

4.12 The Prices do not include the costs of transport, delivery and any other fees and charges that are clearly indicated as being additional charges to the price during the ordering process and that may vary depending on the delivery method chosen by you. You acknowledge and agree that Prices can vary from time to time as a result of impositions, taxes, duties, encumbrances or government fees on the Products and regarding any of the Brand Member’s activities under the Brand Member Agreement, as a consequence of either new regulations or any decision from any authority.

4.13  If there is an error in the price of a product  that you have ordered, despite our efforts to maintain the correct prices, we will do our best to ensure that the correct price is charged. If the correct price is lower than what was initially stated, we will charge you the lower amount. If the correct price is higher, we will contact you for further instructions before we accept your order. If there is an obvious and unmistakable pricing error that you could reasonably have recognized as a mispricing, we may cancel the order, refund your payment, and ask you to return the product.

The prices for Products and any Member savings referenced on the Website do not include the cost of Membership unless otherwise stated. The cost of Membership will be separately itemized in the checkout. Member savings referenced on the Website compare Typical Prices to Members Prices and may include any Gift-with-Purchase Products, if applicable.

4.14 Accepted Payments methods are presented in the Checkout process on the website.

4.15 For the safety of online payments made with a card, all payment information is encrypted.  As The Untamed works with authorised payment service providers, credit card information is handled properly and in accordance with the international payment card industry data security standards.

C.     DELIVERY AND TRANSFER OF RISK

4.17 Products ordered by you can only be delivered within Nigeria.

4.18 The place of delivery of the Products will be as chosen by you in your order.

4.19 We will process and deliver your order as quickly as possible but no later than 30 days after the order has been confirmed by us. We shall not be liable for delays in delivery caused by circumstances beyond our control.

4.20 The risk of loss of Products and title to the Products will pass to you upon delivery of the Products.

4.21 The Untamed will not be responsible for non-delivery, wrong or late delivery of an order caused by the provision by you of incorrect or incomplete Personal Data.

4.22 We reserve the right to unilaterally cancel an order placed by you at any time if we reasonably suspect that you are in breach of any of the Terms.

D.    CONFORMITY OF OUR PRODUCTS

4.23 We warrant that the The Untamed Products are manufactured in accordance with the Guidelines for Good Manufacturing Practices for cosmetic products EN ISO 22716:200.

5. OBLIGATIONS OF THE The Untamed Brand Member

5.1. Brand Members market and recommend The Untamed Products in their own name and on their own account. Should you choose to market (trade with) the The Untamed Products you will be considered and shall always act as an independent person (self-employed/sole trader) and not as an The Untamed agent or employee. You shall not have any authority to negotiate, buy, sell or generally conclude any agreements or purchases in our name or on our behalf or in the name and on behalf of any other company associated with The Untamed Beauty Company Nigeria Ltd. 

5.2. Should you choose to market (trade with) the The Untamed Products, you must (i) comply with all applicable laws and regulations with respect to your activities under this Agreement; and (ii) obtain for yourself all permits, licences, and generally make all registrations and declarations required under the laws of the Territory for the performance of an independent business practice, including any data protection registration and tax registration (see clause 6.7). You are solely responsible for the reporting and payment of any taxes, duties and fees applicable to such activity. You are solely responsible for ensuring all aspects of your use of your Members’ Personal Information complies in all respects with national data protection and privacy laws (see clause 6.6 – 6.13).

5.3. You shall uphold the image and reputation of The Untamed. You shall not make any statements, nor perform any acts, which might be detrimental to the image of The Untamed or the Products.You shall operate your business in a lawful and ethical manner and not make any false, misleading or exaggerated claims about the Products. You must not use misleading, deceptive or unfair recruiting methods and must not make unrepresentative or exaggerated earnings claims. You shall promote the Products in accordance with the pursuant to the directions as provided by The Untamed.

5.4. You acknowledge that The Untamed Trademarks, our trade name and logo, our online tools and our databases are the property of The Untamed, and you agree not to infringe them in any way. For avoidance of doubt, all goodwill in the The Untamed name accrues to The Untamed. At our request, you will sign such documentation as we reasonably request to confirm this.

5.5. The Brand Member agrees and accepts that the terms of this agreement and the material referred to in it, including but not limited to the The Untamed Compensation Plan, Commercial Programs, our databases (including, but not limited to, any database containing Personal Information) and our online tools are proprietary information and the subject of our intellectual property rights. The Brand Member shall not use them, or any part of them, other than in the course of the activities authorised in this agreement.

5.6. You are eligible to qualify for any of the benefits of those Commercial Programs sponsored by The Untamed which are available to all Brand Members. To remain eligible for those benefits you must adhere to the terms and conditions applicable to those Commercial Programs.

5.7. When presenting or marketing the The Untamed Products, you will strictly observe the Rules of Conduct and the Code of Ethics.

5.8. If you supply any promotional or training materials or provide any training for other Members or Brand Members for which a charge is made, you will strictly observe the Rules of Conduct in relation to those matters. Your own rights in relation to any paid-for training that we may provide to you are also set out in the Rules of Conduct.

5.9. You hereby indemnify and shall defend and hold us, our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against any and all actions, proceedings, claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of this Agreement by you or any other liabilities arising out of your collaboration with The Untamed.

Data Protection Responsibilities

5.10. As a Brand Member you may collect, record, store, use and update Personal Information. As an independent data controller of such Personal Information, you warrant and agree that you will comply with all applicable data protection and privacy laws, including without limitation, Regulation (EU) 2016/679 (the General Data Protection Regulation) and Directive 2002/58/EC (the e-Privacy Directive), each as implemented by national law, amended, supplemented and replaced from time to time. Under these laws, you may be required to register with the relevant Data Privacy Authority, unless you are exempt, and must comply with the data protection principles. It is your responsibility to assess your need to register and to perform such registration if required and to comply with the data protection principles.

5.11. If you wish to sponsor a Member to become a Brand Member, you may collect Personal Information directly from the Member. You must follow our procedures for sponsorship as communicated to you from time to time and ensure that all use of Personal Information complies with applicable law.

5.12. You will, in particular, take appropriate technical and organisational security measures to protect the Personal Information against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing.  Having regard to the state of the art and the cost of their implementation, those measures shall ensure a level of security appropriate to the risks represented by the processing and the nature of the Personal Information to be protected.

5.13. You shall notify The Untamed immediately upon becoming aware of any breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Personal Information by emailing The Untamed at contact.ng@theuntamed.com and explaining the nature of the incident and the affected records.

5.14. If at any time you receive a request seeking to exercise rights in accordance with data protection legislation from a Member or other person about whom you process Personal Information, you shall comply with such a request to the extent required by applicable law and in accordance with any policies, procedures or training supplied to you by The Untamed from time to time.

5.15. You may process Personal Information only in accordance with the privacy notice supplied by you to Members and other The Untamed Brand Members. Upon termination of your relationship with The Untamed, you warrant and agree that you will destroy all Personal Information in your possession or under your control without undue delay.

5.16. We explicitly disclaim any liability for any penalties, costs, fees and generally any expenses that you may incur as the result of any breach of applicable data protection and privacy laws.

Marketing and Commercial Communications

5.17. You must ask Members expressly whether they wish to receive marketing communications about The Untamed products from you, and you must obtain affirmative consent before sending any such communications. You must keep a record of the marketing preferences of any recipient of marketing communications from you, which includes a record of the date on which the consent was provided and the language that was agreed to. Any marketing communication you send must inform the recipient of his or her right to unsubscribe from future communications and how he or she may exercise this right, including by informing you by email of his or her desire to unsubscribe. You agree to and warrant that you will respect the preferences of any recipient of such communications.

5.18 Our online tools may allow you to use a Member’s Personal Information to send marketing and other commercial communications, subject to the following conditions:

5.19. Under no circumstances are you permitted to send marketing or other commercial communications on behalf of The Untamed or in The Untamed’s name.

 6. The Untamed OBLIGATIONS

6.1 We will deliver any Products ordered by you subject to availability.

6.2 We expressly exclude any liability related to Product shortage or Products being out-of-stock.

6.3 You will receive, directly by us or by another The Untamed entity or third-party provider, any benefits/ payments due to you in accordance with the The Untamed Compensation Plan currently in force.

7. COMPLAINT HANDLING

7.1. The Untamed Complaint Handling procedure is outlined in the Terms & Conditions for e-commerce.

7.2 You can always file any complaint, question or request with The Untamed Customer Services by emailing us at contact.ng@theuntamed.com.

8. CODE OF CONDUCT

The Untamed strictly adheres to the Code of Conduct of the World Federation of Direct Selling Associations (WFDSA). The Untamed requires its Members to strictly adhere to these codes as well as The Untamed Code of Conduct.

9. WEBSITE TERMS

The content published on the Website or made available to you in connection with the Website is intended for your private, personal, and non-commercial use only, unless we state otherwise. We try our best to ensure that the information and content provided to you is accurate and up-to-date, but we do not guarantee or make any warranties, express or implied, regarding the accuracy, completeness, or timeliness of such content. We cannot be held liable or responsible for any loss that may result from reliance on such content, whether it is our own or posted by a third party, such as reviews, testimonials, or comments.While we use reasonable efforts to include accurate and current information on our website, we do not warrant or represent that our website will be error-free.  Data entry errors or other technical problems may sometimes result in inaccurate information being shown.  We reserve the right to correct any inaccuracies or typographical errors on our site, including pricing and availability of products and services, or to take down the Website and anything on it without notice, and without liability to you or any third party. .  We may also make improvements and/ or changes to the site’s features, functionality, or content at any time.   If you see any information or description you believe to be incorrect, please contact Customer Services. Continued use of the Website shall be deemed your acceptance of such changes.
By using the Website, you agree to the terms of our Privacy Policy, which describes how we collect, use, and protect your personal information. We take the protection of your personal information very seriously and we comply with all applicable data protection laws. If you provide any personal information to us, you warrant that the information you provide is accurate and that you have the right to provide such information to us.

10. INTELLECTUAL PROPERTY

In this Section10 we set out the terms relating to our intellectual property, and your use of and interaction with it.

We are the owner of the Untamed trade and brand name, logo, trade mark and get-up. Unless we expressly state otherwise, all intellectual property rights in the Website, including all copyrights, images, software, designs, text, sound, logos, artwork, look and feel of the Website, devices, branding, trademarks, product selection, articles, arrangement, product names, and other content included in or supplied as part of the Website and coordination of such content on the Website (together defined as “Copyright Material”), is owned by us or one of our group companies and are protected by copyright laws and treaties around the world. All such rights are reserved by us, our group companies and our third-party licensors. 

Any unauthorized use of the Website is strictly prohibited and may constitute a breach of our or our licensors’ intellectual property rights.

11. LINKS

We may provide links from our website to third party websites or resources. Our provision of such links is not an endorsement of any information, product or service reached through such link. We are not responsible for the content or performance of any portion of the Internet including other websites to which our site may be linked or that can be accessed by our site. Please inform us of any errors or inappropriate material found on websites to which our website is linked.

12. GENERAL PROVISIONS

12.1 Your Brand Member Agreement is governed by and shall be construed in accordance with the laws of Nigeria. If you are based in Nigeria, any disputes arising out of, or in relation to your Brand Member Agreement shall be subject to the exclusive jurisdiction of the courts of Nigeria.

12.2 If any provision of the Terms is held to be unlawful, void or for any reason whatsoever unenforceable, the invalidity of that provision shall not affect the validity of the rest of the Terms.

12.3 The failure of The Untamed to enforce any of the provisions herein shall not be deemed a waiver of their enforceability.

12.4 As an independent Brand Member you acknowledge and agree that we reserve the right to update and amend the Agreement including these Terms, the Commercial Programs, the Policies & Procedures and the Compensation Plan. Any change or update will become effective from the moment of its publication on our website www.theuntamed.com provided that we shall provide at least 60 days’ notice of any change in the Brand Member’s financial obligations.

12.5 Any such changes shall be accepted by you as a condition for your continued status as a Brand Member including your future use of the site and ordering of Products on it. We may require your explicit acceptance of a change or otherwise we will consider that you have accepted the change if you continue to carry out any activities as an independent Brand Member including to order Products after the change has been implemented.

12.6 We may send you alerts, notifications, e-mail, direct mail and generally communicate with you. By accepting these Terms you agree that The Untamed will send you any other information/ communications regarding your contract and/ or your purchase orders on durable medium other than paper (i.e. via e-mail or any other means addressed personally to you that allow you to store the information in a way accessible for future reference for a long enough period and that also allows you the unchanged reproduction of such information).

12.7 Any notice given under this Agreement, which is given by recorded delivery overnight post or by first class post to the address of the party set out on this Agreement, or to such other address as shall have been notified from time to time in writing by one party to the other, shall result in the period of notice commencing to run (i) in the case of recorded delivery overnight post from the day after such notice is posted, and (ii) in the case of first class post from the second business day after such notice is posted. If notice is given by any other means, the notice period shall start running on the day of actual receipt of the notice.

13. PRIVACY NOTICE

13.1 You acknowledge that you have read and understood that The Untamed may process your Personal Data in accordance with the The Untamed Privacy Notice.