Terms & Conditions
- Jo Malone London Effective Date: 03/04/2022
Welcome to JoMalone.com (the "Site").
You must be 18 years old or the age of majority in your jurisdiction in order to make a purchase on our Site. If you are under 18 years old or the age of majority in your jurisdiction, then you may not make a purchase on our Site. . If you are under 13 years old, you may browse our Site. However, you may not provide personal information to us nor register on the Site. This Site is not directed to children under 13 years old. By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, YOU MAY NOT USE OUR SITE.
2. Products and Services for Personal Use
The products and services available on the Site, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
3. Purchase Related Policies and Procedures
To view policies and procedures related to orders placed through this Site (such as order processing, shipping and handling, returns and exchanges), click here.
4. Accuracy of Information
We attempt to be as accurate as possible when describing our products on the Site; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors, information or other content available on the Site are accurate, complete, reliable, current, or error-free.
5. Intellectual Property
All information and content available on the Site and its look and feel, including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the "Content") is the property of Jo Malone London Online, our affiliates, partners or licensors, and is protected by United States and international laws, including laws governing copyrights and trademarks.
Except as set forth in the limited licenses in Section 6 below, or as required under applicable law, neither the Content nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.
6. Limited Licenses
We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Site. This limited license does not include the right to: (a) frame or utilize framing techniques to enclose the Site or any portion thereof; (b) republish, redistribute, transmit, sell, license or download the Site or any and/or all Content (except caching or as necessary to view the Site); (c) make any use of the Site or any and/or all Content other than personal use; (d) modify, reverse engineer or create any derivative works based upon either the Site or any and/or all Content; (e) collect account information for the benefit of yourself or another party; (f) use any meta tags or any other "hidden text" utilizing any and/or all Content; or (g) 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. You must retain, without modification, all proprietary notices on the Site or affixed to or contained in the Site.
We also grant you a limited, revocable, and nonexclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to the Site (i) may link to, but not replicate, any and/or all of 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 controversial or illegal or inappropriate for any 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; and (vi) may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking.
Any unauthorized use by you of the Site or any and/or all of our Content automatically terminates the limited licenses set forth in this Section 6 without prejudice to any other remedy provided by applicable law or these Terms and Conditions.
7. Your Obligations and Responsibilities
In the access or use of the Site, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Site. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to Jo Malone London Online, our affiliates, partners or licensors.
8. Your Account
Subject to the age restrictions outlined above, you may view and use many features of the Site without registering, including making purchases, but in order to access and use some parts of the Site, you may need to register an account with us. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. If there has been an unauthorized use of your password or account, please notify us immediately. You are responsible for providing and maintaining current, complete, accurate and truthful information on your account. You agree to accept responsibility for all activities that occur under your account, username and/or password. If you are accessing and using the Site on someone else’s behalf, you represent that you have the authority to bind that person as the principal to all Terms and Conditions provided herein, and to the extent you do not have such authority you agree to be bound to these Terms and Conditions and to accept liability for harm caused by any wrongful use of the Site or Content resulting from such access or use. You may cancel your account with us at any time by email at JoMaloneOnlineService@jomalone.com. We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms and Conditions are violated or if we decide, in our sole discretion, that it would be in our best interest to do so.
9. Third Party Links
We are not responsible for the content of any off-website pages or any other websites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.
10. Special Features, Functionality and Events
11. User Content
When you transmit, upload, post, e-mail or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials ("User Content") on the Site, you are entirely responsible for such User Content. Such User Content constitutes a Submission under Section 11 above. This means that all third parties, and not we, are entirely responsible for all User Content that they post to the Site. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing or otherwise making available on the Site User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. In addition, you agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of "spam." You further agree not to (i) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; (ii) "stalk" or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way; (iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content; (iv) intentionally or unintentionally violate any applicable local, state, national or international law; or (v) collect or store personally identifiable data about other users.
We do not endorse or control the User Content transmitted or posted on the Site and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Site.
You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and we reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.
Deletion of User Content
If you wish to delete your user content, such as your ratings and reviews posting(s), on our website or in connection with our mobile applications, please contact us by email at JoMaloneOnlineService@jomalone.com and include the following information in your deletion request: first name, user name/screen name (if applicable), email address associated with our website and/or mobile applications, your reason for deleting the posting, and date(s) of posting(s) you wish to delete (if you have it). We may not be able to process your deletion request if you are unable to provide such information to us. Please allow up to 10 business days to process your deletion request.
12. Copyright Complaints
We respect the intellectual property of others. If you believe that a work has been copied on the Site in a way that constitutes copyright infringement, please click here to find out how to notify us of a claimed infringement.
13. Disclaimer of Warranties; Limitation of Liability
THE SITE IS PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES (f) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (g) EVENTS BEYOND OUR REASONABLE CONTROL.
FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE OR YOUR USE THEREOF REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).
YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE.
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your use of the Site or breach of these Terms and Conditions. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
With respect to any dispute regarding the Site, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of New York, as if the Terms and Conditions were a contract wholly entered into and wholly performed within New York. Any dispute relating in any way to your visit to the Site shall be submitted to confidential arbitration in New York and you submit to the jurisdiction and proceedings thereof, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under this agreement shall be conducted under the Consumer-Related Disputes Supplementary Rules then prevailing with the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to this Terms and Conditions, whether through class arbitration proceedings or otherwise.
16. Consent to Receive Notices Electronically by Posting on the Site and Via Email
You consent to receive any agreements, notices, disclosures and other communications (collectively, "Notices") to which these Terms and Conditions refer from us electronically including without limitation by e-mail or by posting notices on this Site. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us at JoMaloneOnlineTech@jomalone.com and discontinue your use of this Site. In such event, all rights granted to you pursuant to these Terms and Conditions, including but not limited to the limited licenses set forth in Section 6 hereof, shall automatically terminate. Unfortunately, we cannot provide the benefits of this Site to any user that cannot consent to receipt of Notices electronically.
You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site and providing notice of such change. Any changes are effective immediately upon posting to the Site and release of notice of such change. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.
If you have any questions regarding these Terms and Conditions, please email us at JoMaloneOnlineTech@jomalone.com.
DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE POLICY
Consistent with the Digital Millennium Copyright Act, if you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail or written notice to our Designated Agent for notices of infringement and provide the following:
• A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that you claim is infringed;
• Identification of the copyrighted work(s) that you claim has been infringed;
• A description of the material that you claim is infringing and the location of that material on the Site;
• Your address, telephone number and email address;
• A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Copyright Agent c/o Legal Department
The Estée Lauder Companies Inc.
767 Fifth Avenue
New York, NY 10153
NOTE: THE ABOVE CONTACT INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING JO MALONE LONDON ONLINE THAT COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS AND SHOULD BE DIRECTED TO OUR CUSTOMER SERVICE GROUP BY EMAIL TO JoMaloneOnlineTech@jomalone.com.
Wood Sage & Sea Salt Video Music: "Better on the Coast" by Kid Chocolate
Copyright © JO MALONE LONDON All worldwide rights reserved.
18. *With Our Compliments: Download our ‘Mistletoe Mischief’ 9 track music album with any jomalone.com purchase of $80 or more.
Only one download per customer, please. While supplies last. Offer valid on all purchases through 12/31/2015, download available until 1/31/15. Not applicable to the purchase of Gift Cards or eGift Cards. Offer does not apply to purchases made in retail store locations. Offer is not applicable to pending purchases or purchases made prior to the start of the offer. Offer applies only to authorized purchases. Offer available to U.S. residents only. We reserve the right to cancel any order due to unauthorized, altered, or ineligible use of offer and to modify or cancel this promotion due to system error or unforeseen problems. We reserve the right to substitute any free item offered with an item of equal or greater value. This offer cannot be combined with any other offer.
Just Because Program
The Program shall begin on 20th July and shall continue until all quantities of the gift (the “Gift”) are depleted. During the Promotion, Jo Malone London shall gift out a minimum of 20,000. Quantities of the Gift are limited. While supplies last.
This Program is only valid for individuals who are 18 years of age or older and meet the other eligibility requirements specified in these Terms. Individuals who are employed by Jo Malone London or any of its subsidiaries, affiliates or promotional agencies are not eligible to participate in the Program – either as an Advocate or Friend (each as defined below).
ARBITRATION REQUIREMENT AND CLASS ACTION WAIVER: PLEASE READ THE DISPUTES SECTION CAREFULLY — IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT OR CLASS ACTION IN COURT.
Just Because Campaign: To participate in the Program, eligible Jo Malone London customers will:
- a) Receive an invitation to visit the Promotion page, which may be hosted by a third party at the direction of Jo Malone London, and follow the on-screen instructions to gift their friends or family members (each, a “Friend”) and obtain a unique gifting link (“Gifting Link”). The customer must follow the prompts (described under “Gifting Process”) below to gift their Friend. Users may gift a maximum of 1 friend, family member, or colleague throughout the entirety of the Program. Once a customer sends a Gift, he/she becomes an “Advocate”. Advocates must ensure that they only gift Friends with whom the Advocate has a personal or family relationship, and who would want to receive the gift. Once a Friend has redeemed their Gift, they have the option to follow the Gift Process to send a Gift to another individual; or
- b) On 25th July 2023, visit a Jo Malone London store and be one of the first consumers to enter into the store. Each Jo Malone London store will receive a different quantity of Gifts. The amount of consumers that receive the Gift at each Jo Malone London store will vary by location and store.
Gifting Process: An Advocate must either (i) complete the online gifting form by entering the contact information of the eligible Friend he/she wants to send a Gift. The Friend will receive the Gifting Link to instructions that must be followed by the Friend in order for the Friend to receive the Gift. Receipt of a Gifting Link is not a guarantee of receiving a Gift. Please note that the Gift is not reserved for the Friend until the Friend completes the Gifting Process.
Restrictions: Advocates cannot refer themselves or create multiple, fictitious, or fake accounts with Jo Malone London. Advocates must not gift the same Friend multiple times or through multiple channels. Only one Gift may be received per household.
Anyone who participates in the program, whether an Advocate or a referred Friend, will receive the Gift while supplies last. The Gift is valued at approximately eighty US dollars. For Gifts received in-store, value may vary.
Conditions: The following conditions apply to the Program and related rewards:
- • A Friend or Advocate can only receive a Gift once in total, and an Advocate can only pass along a Gift to one Friend.
- • If a Friend tries to redeem multiple Gifts: Jo Malone London will only honor the first Gifting Link through which a Friend completes an eligible purchase on Jo Malone London website and which is accepted and processed by Jo Malone London. If multiple Advocates have referred the same Friend and the Friend attempts to activate multiple Gifting Links, the Friend will only receive one Gift.
- • Any Gift not redeemed by 30th July will automatically expire. The Gift cannot be transferred, returned, exchanged for any alternative product, cash, or money, or sold.
- • The Gift may not be (i) combined with other offers, discounts, referrals, or gift cards; (ii) sold or transferred; or (iii) redeemed for cash
- • Gifting Links are for individual, personal use only and may not be used for commercial purposes including, but not limited to, affiliate lead generation and bidding on Jo Malone London search terms in connection with the Gifting Link.
Offer Terms: The Gift shall consist of Jo Malone London products, of which there are a limited supply. The Promotion starts on 25th July 2023 and shall continue until all supplies are depleted or until 30 July, 2023, whichever comes first. Offer available to legal residents of the fifty (50) US States, District of Columbia, and Puerto Rico (excluding all other US territories) who are at least eighteen (18) years old. Offer not valid in department store locations/websites or websites or partner stores/websites or websites. Offer not valid in Duty Free locations, Caribbean locations (excluding Puerto Rico), Airport locations/websites. or websites. Offer cannot be copied, sold, transferred, redeemed for cash, used in purchasing a gift card or otherwise combined with any other offer, discount, or referral, or gift card. Free Standard Shipping with any purchase, see JoMalone.com for details. Out of stock items are not eligible for promotional offers. Offer cannot be applied to previously placed orders. Offer valid on orders shipped to the fifty (50) US States, District of Columbia, and Puerto Rico US addresses only. Any employee of the Estee Lauder Companies, its affiliates, its subsidiaries, and any of their promotional agencies are ineligible. Offer not applicable to, and the eligible purchase amount does not include, the purchase of eGift Cards; Gift Cards; sales tax; shipping and handling fees; items noted as not eligible; items that are not in stock at the time of purchase; pending purchases or purchases made prior to the start of the offer or after the offer ends; select products including but not limited to limited life collections; Kits sold at a value, lip duos, Makeup Services, Giftwrap. Other exclusions may apply. Offer applies to authorized purchases only. Only authorized purchases orders will be processed and shipped. We reserve the right to cancel any order due to unauthorized, altered, or ineligible use of offer and to modify or cancel this promotion at any time. Offer is subject to change without notice. Other restrictions may apply.
Program Communications: Advocates may receive e-mails about this Program, including an e-mail each time a Friend makes an eligible purchase using their Gifting Link. If you would like to opt-out of receiving future Jo Malone London marketing emails, you may do so by clicking the unsubscribe link at the bottom of each gifting email.
Indemnification: By participating in the Program, you agree that you will indemnify and hold Jo Malone London, our parents, subsidiaries, affiliates, partners, licensors, officers, directors, employees, and agents harmless for any claim, action, liability, loss, injury or damage resulting, directly or indirectly, from your participation in the Program, including any unlawful sending or sharing of the Gifting Link, or your breach of these Terms.
Disclaimer of Warranties; Limitation of Liability: EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, THE PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS OR THE PROGRAM, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) UNDER ANY CIRCUMSTANCES FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS; (c) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS; (e) ANY INACCURACIES OR OMISSIONS IN CONTENT; OR (f) EVENTS BEYOND OUR REASONABLE CONTROL. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED. FURTHER, YOU AGREE THAT ESTEE IS NOT RESPONSIBLE FOR FAULTY GIFTING LINKS, ANY ERROR, OMISSION, INTERRUPTION, DEFECT OR DELAY IN TRANSMISSION, ORDER PROCESSING, OR COMMUNICATION; TECHNICAL OR MECHANICAL MALFUNCTIONS; ERRORS IN THESE TERMS, IN ANY PROGRAM-RELATED MATERIALS, OR INACCURATE INFORMATION, WHETHER CAUSED BY EQUIPMENT, PROGRAMMING, HUMAN ERROR, OR OTHERWISE.
FURTHER, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE PROGRAM OR YOUR PARTICIPATION IN THE PROGRAM REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100 USD.
With respect to any dispute, claim, or controversy regarding the Program, all rights and obligations and all actions contemplated by these Terms shall be governed by the laws of New York, as if the Terms were a contract wholly entered into and wholly performed within New York. ANY DISPUTE RELATING IN ANY WAY TO THE PROGRAM, YOUR PARTICIPATION IN THE PROGRAM, THESE TERMS OR THE RELATIONSHIP BETWEEN THE PARTIES (OTHER THAN CLAIMS RELATING TO THE INTELLECTUAL PROPERTY RIGHTS OF ESTEE COSMETICS OR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS OR LICENSORS OR CLAIMS IN EQUITY) SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN NEW YORK AND YOU AGREE TO SUBMIT YOURSELF TO THE JURISDICTION AND PROCEEDINGS THEREOF. ARBITRATION MEANS THAT AN ARBITRATOR(S) WILL DECIDE THE CLAIM, AND YOU WILL NOT HAVE THE RIGHT TO SUE IN COURT OR TO HAVE A JUDGE OR JURY DECIDE YOUR CLAIM. YOUR RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY ALSO BE LIMITED IN ARBITRATION. It is further agreed that any dispute over the scope of this arbitration provision and any dispute as to whether a claim is arbitral shall be submitted to the arbitrator for decision. Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction, and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under these Terms shall be conducted under the Consumer-Related Disputes Supplementary Rules then prevailing with the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually, and (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Bulk Email Distribution: Each Advocate is the actual sender of the emails and must comply with applicable law. Gifts must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues and family members. By submitting any email address as part of the Program, the Advocate represents that he/she has the appropriate permission and consent and is only sending the email to (or otherwise sharing the Advocate’s Gifting Link with) individuals with whom the Advocate has a personal or family relationship. Bulk email distribution, distribution to strangers or to individuals with whom the Advocate does not have a personal or family relationship, or any other use of the services described herein in a manner that is not promoted is expressly prohibited and may be grounds for immediate termination and further legal action. Jo Malone London has no obligation to monitor the Program or any communications; however, Jo Malone London may choose to do so and block any email messages, remove any such content, or prohibit any use of the Program. Advocates who do not comply with these Terms or applicable law, including anti-spam laws, are obligated to indemnify Jo Malone London against any liabilities, costs and expenses it incurs as a result of such spam or other actions.
Sign-In Credentials. Users are responsible for maintaining the confidentiality of any sign-in credentials and are fully responsible for all activities that occur through the use of those credentials. Users agree to notify Jo Malone London immediately if they suspect unauthorized access to their account. Users agree that Jo Malone shall not be liable for any loss or damage arising from unauthorized use of their credentials.
General: Each Advocate and Friend must comply with Jo Malone London TERMS AND CONDITIONS and the terms and policies of any social media site where a gifting link is posted/used. Jo Malone London reserves the right to revoke any rewards or otherwise disqualify any Advocate or Friend in the event of any suspected fraud or violation of these Terms.
Modification and Termination: Jo Malone London reserves the right to modify any of these Terms at any time, with or without notice. We also reserve the right to terminate the Program at any time, for any reason. Any unused Gifting Links will be forfeited at that time. Your continued participation in the Program constitutes your acceptance of any changes made to these Terms. You are responsible for remaining knowledgeable about any changes we may make to these Program Terms. Jo Malone London reserves the right to disqualify any user or Advocate at any time for any reason from participation in the Program if they do not comply with any of these Terms.