Thank you for visiting the Deep Heat website and your interest in our Deep Heat products (the “Products”).
Access to the Deep Heat 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 Deep Heat 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 Deep Heat 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 Deep Heat 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 Deep Heat 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 Deep Heat 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 Deep Heat 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 Deep Heat 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 Deep Heat 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 Deep Heat 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 Deep Heat 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 Deep Heat 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 Deep Heat website.
4.5 Whilst it is our policy to virus check documents and files before they are posted on the Deep Heat 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 virus-checking software when using our Deep Heat 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 Deep Heat website must not be framed on any other site, nor may you create a link to any part of the Deep Heat 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 Deep Heat 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 to use 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 Deep Heat website. This limited licence does not include the right to: (i) frame or utilise framing techniques to enclose the Deep Heat website or any portion thereof (ii) modify or download the Deep Heat website or its contents (except caching or as necessary to view content); (iii) make any use of the Deep Heat website or its content other than personal use; (iv) create any derivative work based upon either the Deep Heat 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 Deep Heat 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 Deep Heat website other than the home page. We may, in our sole discretion, request that you remove any link to the Deep Heat website, and upon receipt of such request, you shall immediately remove such link. Any unauthorised use by you of the Deep Heat 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 Deep Heat 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 Deep Heat website or its contents, or any content on or accessed through the Deep Heat 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:
- All conditions, warranties, representations and other terms which might otherwise be implied by statue, common law or the law of equity.
- Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Deep Heat website or in connection with the use, inability to use, or results of the use of the Deep Heat 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 Deep Heat 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 Deep Heat website, or by anyone who may be informed of any of its contents.
For the purpose of the Data Protection Act 1998 (the “Act”), the data controller is The Mentholatum Company Limited located at 1, Redwood Avenue, Peel Park Campus, East Kilbride G74 5PE, Scotland, UK. Registered in England, company registration number: 197071(“The Mentholatum Company”, “we”, “our”, “us”). Any personal data and/or sensitive personal data provided to us via this website under the domain name www.deep-heat.co.uk will be held on our database and all processing of the personal data and sensitive personal data will be done in accordance with the Act. For the avoidance of doubt, the terms “personal data”, “sensitive personal data” and “processing” will have the meanings afforded to them in the Act. By using the Deep Heat website and/or submitting information to us you consent to the collection and use of your information in accordance with these conditions.
We take the privacy of our users seriously. We know that privacy is important to you and so we promise to respect your personal information.
We may from time to time communicate information about our products and services to you. If you do not want us to use your personal data in this way, please tick the relevant box situated on the form on which we collect your personal information (The Register, The Order and The Contact US forms).
Information we may collect from you
We collect the following personal information from you through the use of the contact forms:
- Information that you provide by filling in forms on the Deep Heat website.
- If you contact us, we may keep a record of that correspondence.
- We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
- Details of your visits to the Deep Heat website including, but not limited to, traffic data, location data, weblogs and other communication data.
We process the information collected for the purposes of processing your request, providing you with information about products and/or services we offer and for auditing usage of the Deep Heat website.
We will only request necessary information from you and will try to ensure that your details are kept accurate and up to date. Information is collected lawfully and in accordance with the Act.
Disclosure of your information
We may disclose your personal data to third parties:
- In the event that we are insolvent or apparently insolvent or grant a Trust Deed for creditors or if a poinding of any of their effects shall be executed.
- If The Mentholatum Company or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
Any information that is saved is held safely on our servers with security systems in place. The security of your personal information is important to us; however, no security system is guaranteed to be 100% secure. While we strive to protect your personal information, we cannot guarantee or warrant the security of our servers nor can we guarantee that information you supply through the Deep Heat website will not be intercepted while being transmitted over the Internet. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it.
The Mentholatum Company may from time to time send you what is known as a cookie. A cookie is a message sent by a web-server to your browser and which can store information on how you make use of a website. The information collected in this way is anonymous and will not be linked back to you as an individual. It is possible to set your browser to notify you prior to the cookie being sent and at which point you can accept or reject it.
Access to information
You have the right to apply for a copy of the information we hold about you (for which we may make a small charge to cover the cost of administration) and to have any inaccuracies corrected. If instructed to do so we will remove you and your personal data from our database or correct any errors in the personal data held by us. Please e-mail us in respect of any such requests.
Enforceability and Jurisdiction