TERMS OF USE
Welcome to the website dedicated to Yves Saint Laurent Beauty ("Website"), a brand under the L’Óreal Singapore Pte. Ltd. (UEN:199001413D) (hereinafter referred to as “L’Óreal”, “Our”, “Us”, or “We”) portfolio. The Website is operated by or for and on behalf of L’Óreal.
Please read these Terms of Use which govern the use of the Website (“Terms of Use”) carefully. By using the Website, you agree to these Terms of Use without reserve. If you do not agree to any part of these Terms of Use, do not use the Website.
ACCESS TO THE WEBSITE
To access and use the Website you must be at least 18 years old, or have obtained your parent’s or legal guardian’s consent.
If any portion of the Website requires you to register or open an account, you must provide Us with accurate, complete and updated registration information. You may also be asked to choose a login name, and password and/or pin code. Please select a password that would not be oblivious to someone trying to guess your password/ pin code.
You shall not disclose to any person your password/pin code and shall not permit or authorize any person to use your login name or password/pin code for any purpose whatsoever.
We may treat any access to or use of the Website at any time by the use of your login name and password as access to or use of the Website by you, notwithstanding that it may have been used by any other person without your knowledge or authority.
You may change your password/pin code at any time. However, the number of attempts to access the Website and/or certain sections thereof may be limited in order to prevent any fraudulent use of such passwords/pin codes. Please inform Us of any fraudulent use that you may become aware of. In the event of any breach of the rules set forth under these Terms of Use, We reserve the right to suspend your access.
Additional fees for accessing and using the Internet are incurred at your own expense.
INTELLECTUAL PROPERTY
- Intellectual property rights
Developing the Website involved significant investments by the L’Óreal Group. The Website and each of the elements it comprises (including but not limited to brands, images, texts, videos, software, graphics, music and sounds contained on or available through the Website) are protected by intellectual property rights owned by the L’Óreal Group. The contents of the Website cannot be reproduced, modified, transferred, distributed, republished, downloaded, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical photocopying or recording without the written permission of L’Óreal. Without prejudice to the foregoing, you agree that the material and content contained within or throughout the Website may not be used for commercial purposes or distributed commercially on any media whatsoever.
Your access to or use of the Website should not be construed as granting, by implication, estoppel or otherwise, any license or right to use the trademarks, tradenames, logos or service marks appearing on the Website without Our prior written consent. You may not, without Our prior written consent, use any of such trademarks, tradenames, logos or service marks as a hyperlink to the Site or any other website.
You may not modify, translate, decompile, disassemble, reverse engineer or otherwise attempt to derive the source code for the computer systems and other technology that operate the Website or create derivative works based on the Website. For purposes of these Terms of Use, "reverse engineering" shall include the examination or analysis of the Website to determine the source code, structure, organization, internal design, algorithms or encryption devices of the Website’s underlying technology.
We may make available to you via the Website, contents that you are authorized to download ("Downloadable Content"). We grant you for a duration permissible under the applicable laws of Singapore, foreign laws and international treaties, a non-exclusive and non-transferable license, a free of charge, non-exclusive, non-transferable and non-sublicensable license to use the Downloadable Content for your personal, and private use only. By downloading or using such Downloadable Content, you agree to use them in accordance with these Terms of Use.
- Third-party rights
If applicable, you agree that you shall obtain all the necessary authorizations and rights from any relevant rights holders in connection with any content you may wish to post via the Website, including any and all intellectual property rights and/or literary, artistic and/or industrial property rights, and publicity rights (including the right to one’s image), to allow your quiet use of such contents. For example, you shall obtain the rights in and to any contents (especially photographs) showing recent architectural items, advertising designs or apparel designs that might appear (acronyms, logos, etc.).
- User Contents
You agree that you are responsible for any content (including, but not limited to text, photos, videos, or opinions) which you post or transmit through the Website or any space made available by Us via the Website (“User Content”).
By posting User Content on or via the Website, you hereby grant Us for the period permissible under Singapore law, foreign laws and international treaties (including any subsequent supplementary or amendments), a royalty-free, irrevocable, non-exclusive, worldwide, sub-licensable license to reproduce, display, use, copy, make clarifications to, modify (but not alter the images, words and/or opinions conveyed in the User Content), adapt, edit, distribute, translate, create derivative works from, incorporate into other works, distribute such User Content (in whole or in part), and to use the User Content for all in-house or external, corporate or financial communication purposes, advertising, and for all public relations, historical or archival purposes, of L’Óreal Group or its affiliates, its products and/or its brands, particularly on the following media:
Posting in any format, in unlimited quantity;
The written press, for an unlimited number of publications;
Publishing, unlimited number of publications, particularly publishing for purposes of in-house communication, including sales force and distribution network (wholesalers, retailers, agents, etc.), events, leaflets for congresses, tradeshows, stands ...; B-to-B communication, in the professional press, for an unlimited number of publications and/or quantities;
Electronic, IT, digital, multimedia, Internet and Intranet publishing, via any websites (whatever the website and/or medium, including social networks such as Facebook, Twitter, YouTube or Dailymotion) (“social networks”), for an unlimited number of inserts and broadcasts; and/or
via any advertising and promotional media (including by way of advertising at retail outlets and on the L’Óreal Group brand products (“Media”).
You agree that you shall have no recourse against L’Óreal or the L’Óreal Group for any alleged or actual infringement or misappropriation of any proprietary right in your User Content to us.
You agree that social networks are platforms owned by third-parties and, accordingly, the reproduction, display, use, copying, modification, adaption, edit, distribution, translation, creation of derivative works from or of the User Content via said social networks shall be governed by the terms of use defined by said third parties. We shall not be responsible for any use of the User Content by you or any third parties in accordance with the terms of use defined by the social networks, including without limitation, in terms of the scope and duration of licensed rights, and removal of User Content. User Content posted on the social networks may also be referenced on a search engine and therefore to be accessed by an audience outside the Website.
You shall be responsible for handling any third-party claims relating to the use of the User Content in accordance with the terms of use defined by the social networks.
Further, the use of User Content may come with such anonymized information as your city, country or age, and/or, if you expressly authorized it, information allowing your identification such as your first name, or your alias.
Any User Content as you publish via the Website, shall be provided at your sole discretion and liability. By providing your User Content, you agree that your User Content shall not conflict with applicable legislation or accepted standards of morality, or the principles stated therein. In this regard, We reserve the right to remove at any time any such User Content as may not comply with these Terms of Use, including the Code of Conduct in paragraph 3 below.
In addition, if you access User Content created by another user, you shall be required to comply with said user’s rights and you shall, in particular, not reproduce or disseminate said User Content published via other media without the relevant user’s prior consent.
Except for any personal data which We have agreed to keep confidential, any feedback, data, answers, questions, comments, suggestions, plans, ideas or the like that you send to Us via the Website, via email or otherwise, will be treated as being non-confidential and nonproprietary. We assume no obligation to protect such information from disclosure and will be free to reproduce, use, and distribute the information to others without restriction. We will also be free to use any ideas, concepts, know-how or techniques contained in information that you send us for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and services incorporating such information.
- Intellectual property rights
CODE OF CONDUCT
We support the values of tolerance and respect of others, and you agree to use the Website only for lawful purposes.
You also agree not to:
Convey any racist, violent, xenophobic, malicious, rude, obscene or unlawful comments;
Disseminate any content that may be harmful, defamatory, unauthorized, malicious or infringing on privacy or publicity rights, inciting violence, racial or ethnic hatred or qualify as gross indecency or incitement to commit certain crimes or offences;
knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
reproduce, duplicate, copy or re-sell any part of our Site in contravention of the provisions of these Terms of Use
Use the Website:
for political, propaganda or proselytizing purposes;
in any way that breaches any applicable local, national or international law or regulation;
in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
for the purpose of harming or attempting to harm minors in any way;
to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam)
Publish any content advertising or promoting any products and/or services competing with the brand(s) displayed on the Website;
Divert the Website from its intended purpose, including by using it as a dating service;
Disseminate any information that may directly or indirectly allow the nominal and specific identification of an individual without prior and express consent, such as their last name, postal address, email address, telephone number;
Disseminate any information or content that may be upsetting for the youngest;
Intimidate or harass others;
Conduct illegal activities, including that may infringe anyone’s rights in and to any software, trademarks, photographs, images, texts, videos, etc.;
Disseminate content (including photographs and videos) portraying minors.
If you become aware of any such User Content which:
condone crimes against humanity, incite racial hatred and/or violence, or relate to child pornography;
is in breach of the principles of the Code of Conduct; or
is in breach of your rights or any third party’s rights (e.g. any infringement, insult, breach of privacy);
(collectively the “Objectionable Content”),you may notify us by email to [email protected], specifying in your email:
the date on which you discovered the Objectionable Content;
your name and email address;
the URL of the Objectionable Content;
a description of the disputed Objectionable Content;
the user ID of the author of the Objectionable Content;
the reason for the removal of the Objectionable Content; and
a copy of supporting documents/evidence in direct connection with the Objectionable Content (for example screenshots, correspondences with the author of the Objectionable Content etc.)
We reserve the right to not consider any incomplete notice(s) of Objectionable Content which do not comply with the requirements above.
INFORMATION CONTAINED ON THE WEBSITE
- General provisions
We hereby remind you that inaccuracies and omissions may appear in the information available on the Website, particularly due to information under the control of third parties. We will endeavour to remove inaccuracies or to complete such information on the Website as soon as possible.
The products and services presented to you on the Website are not offered for sale but a general presentation of the range of the products and services that We distribute in the country where this Site is available.
- Advice and beauty profile
The advice, information, and tools provided by L’Óreal and Yves Saint Laurent Beauty on the Website, are strictly for indicative and simulation purpose(s) for you to obtain expert cosmetics advice only, and shall in no event replace or be construed as a medical diagnosis or clinical consultation, nor be substituted for medical treatment.
Accordingly, We cannot guarantee your satisfaction with the advice and information arising from the use of such tools, and We assume no liability arising from any use from the advice, information and the tools which you may sustain thereof.
For any further information or in the event of doubt with any advice, information and/or tools provided by L’Óreal and/or Yves Saint Laurent Beauty, We recommend that you consult your physician or a qualified medical professional.
- Hypertext links
The hypertext links included on the Website may lead you to websites published by third parties. The Website may also contain content posted on or via the Website by third parties. L’Óreal shall not be responsible for any errors or omissions in any content in the Website, or the content, products or services of any hyperlinked website or any hyperlink contained in a hyperlinked web site, nor for the privacy and security practices employed by these other third party websites, and shall not be liable for any loss or damage of any kind incurred as a result of the use of any content posted or contained in e-mails or otherwise transmitted or displayed via the Website, or arising from access to those websites. Use of the Website and any hyperlinks and access to such hyperlinked third party websites are entirely at your own risk.
You agree that L’Óreal has no control over, and excludes all liability for any material on the internet which can be accessed by using the Website. Neither can We be deemed to have endorsed the third party content. Accordingly, to the extent that said hypertext links were included on the Website for the sole purpose of facilitating your browsing experience of the Internet, accessing any third-party websites shall be your own decision and your sole liability.
- General provisions
PERSONAL DATA
When you access the Website, We may collect the following information:
Anonymous web statistics collected as you browse the Website
Personal data you knowingly provide Us
Some portions of the Website may require you to provide your personal data. Personal data refers to all any information relating to you (including, but not limited to your name, contact number, email address and mailing address) obtained by us via your access to or use of the Website (“personal data”).
We may collect personal data related to you, particularly when you: (i) subscribe for a service; (ii) download Downloadable Content; (iii) sign in; (iv) apply for a game/competition; (v) send Us an e-mail; (v) respond to a poll or study. We may use your use your personal data for planning, research, design and marketing of services, rendering assistance to law enforcement, government or regulatory agencies, or complying with applicable laws or any order of court.
For any further information on the processing of your personal data, please refer to our Privacy Policy here.
COOKIES
Cookies are small files that are left on your device while you browse the Website (such as the pages looked up, the date and time of such access, etc.) and which may be read whenever your access the same Website (“Cookies”).
For further information on the use of cookies, please consult our Cookie Table here.
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AMENDMENT TO THE WEBSITE AND THE TERMS OF USE
Notwithstanding any other provisions herein, We reserve the right at all times to amend any of the contents and information included on the Website as well these Terms of Use, particularly for purposes of compliance with any new applicable legislation and/or regulations and/or to improve the Website.
Any amendment shall be effective immediately upon posting of the modified Terms of Use on the Website, and you agree to review the Terms of Use periodically to be aware of such amendments. Unless the amendment requires your express approval, your continued use of the Website shall be deemed as your conclusive acceptance of the amended Terms of Use.
DISCLAIMER
While L’Óreal takes certain industry-accepted precautions to secure the Website or portions thereof, you agree that such precautions do not guarantee that use of the Website is invulnerable to all security breaches, nor does L’Óreal make any warranty, guarantee, or representation that use of the Site is protected from all viruses, worms, Trojan horses, and other vulnerabilities. L’Óreal cannot guarantee the permanent availability and accessibility of the Website, and therefore We may be required to momentarily suspend access to all or part of the Website, particularly for technical maintenance purposes.
It is hereby further specified that the Internet and IT or telecommunication networks are not error-free and that interruptions and failures can occur. We cannot provide any guarantee in this regard and shall not therefore be held liable for any damage that may relate to the use of the Internet and IT or telecommunication networks, including, without limitation:
- Poor transmission and/or reception of any data and/or information via the Internet;
- Any external intrusions or computer viruses;
- Any defaulting reception equipment or communication networks; and
- Any such Internet malfunction as may hinder the proper operation of the Website.Save as required by applicable law, we hereby disclaim any and all representations, warranties and conditions, whether express or implied, as to the operation of the Website or the content, statements or other information contained on the Website, or the products or services accessible or available through the Website. You agree that, to the fullest extent permitted by applicable laws, We shall not be responsible or liable (whether in contract, tort (including negligence) or otherwise), under any circumstances, for (a) any interruption of business; (b) access delays or access interruptions to the Website; (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 Website; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of the Website, including during hyperlink to or from third party websites; (f) any inaccuracies or omissions in content; or (g) events beyond our reasonable control. Lastly, save as required by applicable law, our liability (if any) shall be limited to direct damages, excluding any other damages or losses whatsoever (such as any indirect damage relating, without limitation, to any loss of profit, revenue or goodwill).
The Website is not directed at any person in any jurisdiction where for any reason the publication or availability of Our Website is prohibited. Those in respect of whom such prohibitions apply must not access our Website.
We do not represent that either the Website, the Downloadable Content, or the content herein are appropriate for use or permitted by local laws in all jurisdictions. Those who access the Website do so on their own initiative and are responsible for compliance with applicable local laws or regulations; legal advice should be sought in cases of doubt.
INDEMNITY
You agree to defend, indemnify and hold harmless L’Óreal, its directors, officers, employees, suppliers, licensors, agents, and any third party content providers, from and against any losses, damages, claims, costs, expenses, demands, and actions, due to or arising out of your use of the Website, your access or connection to the Website, your violation of these Terms of Use, or your violation of any rights of another. These obligations will survive any termination of your relationship with L’Óreal or your use of the Website. L’Óreal reserves the right to assume the defense and control of any matter subject to indemnification by you, in which event you will cooperate with L’Óreal in asserting any available defenses.
LIMITATION OF LIABILITY
L’Óreal does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product or process disclosed on the Website or other contents accessible from the Website. In no event shall L’Óreal be liable for any incidental, consequential, direct, indirect or any losses or damages whatsoever (including, but not limited to, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings, or business interruption, or any other loss, whether in an action of contract, negligence or other tortious action), arising out of or in connection with the use of or inability to use the Website, delays, inaccuracies or errors in the information or in the transmission of the Website, or any information or transactions provided on or over the Website or downloaded or hyperlinked from the Website, or performance of the contents on the Website, even if L’Óreal has been advised of the possibility of such damages. If you are dissatisfied with any portion of the Website, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue using the Website.
SEVERABILITY
If at any time any provisions of these Terms of Use shall be or shall become illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of these Terms of Use shall not be affected or impaired thereby, and shall continue in force as if such illegal, invalid or unenforceable provision was severed from these Terms of Use.
WAIVER
L’Óreal’s failure to insist upon or enforce the strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.
GOVERNING LAW AND DISPUTES
Your access to or use of the Website, as well as these Terms of Use shall be governed by the laws of Singapore. Any dispute which may arise under these Terms of Use shall be under the exclusive jurisdiction of the Singapore Courts.
CONTACT US
If you have any questions about these Terms of Use, you can contact Us via email to [email protected] or in writing to 1 George Street, #19-01/03 One George Street, Singapore 049145.
(Updated as of: 24 Jul 2020)
DARE & LOVE REWARDS TERMS & CONDITIONS
YSL Beauty Dare & Love Rewards Club is a loyalty program by YSL Beauty (a member of the family of brands under the L’Óreal Singapore Pte. Ltd. (“L’Óreal”, “our”, “us” or “we”) portfolio).
By participating in the Program and by signing up for a “YSL Beauty Dare & Love Rewards Club” membership account (“Account”), you shall be deemed to have read, understood and accepted these Terms and Conditions. These Terms and Conditions shall also apply in relation to any Personal Data (defined in Section 40) provided by you to us in connection with the Program.
We may amend these Terms and Conditions from time to time in our sole discretion upon posting the amended version at https://www.yslbeautysg.com/ (“Website”). By your continued participation in the Program, you agree to be bound by these Terms and Conditions as amended from time to time.
MEMBERSHIP AND ELIGIBILITY
Membership to the Program is open to:
Singapore Citizens or Singapore Permanent Residents (only) or individuals who are residing in Singapore;
who, at the date of application for the Account, is at least eighteen (18) years of age, or has obtained the consent of his/her parent(s) or legal guardian(s); and
has signed up for an Account on the Website, or has approached a L’Óreal Beauty Advisor at YSL Beauty counters in Singapore to assist with the registration.
("Member", "you", or "your")
As a condition of your participation in the Program, you are required to provide us with current, accurate, truthful and complete information about yourself during the registration process and to keep your records with us current and up-to-date. You agree that you shall be solely responsible for all consequences of providing any inaccurate, incomplete and/or insufficient information. In the event that we determine or have reason to believe that the information which you have provided to us is not current, is inaccurate, or is incomplete in any way or that you have provided us with false or misleading registration information, we reserve the right to either suspend or terminate your Account. We reserve the right to turn away any individual from this Program without giving any reason whatsoever.
At the point of registration, you will be required to provide the following information:
name;
birthday month;
email address; and
Singapore mobile number.
("Registration Information”)
Upon successful registration into the Program, you:
will be issued with an Account which is unique and non-transferrable;
may choose to opt-in for communications from L’Óreal via email, SMS, mail and/or Voice Call;
may indicate your preferred interest categories via your profile page.
("Membership”)
Your Account is valid from the date of successful registration of your Account (“Date of Registration”). We reserve the right to set a fixed Membership period or expiry period for the Membership at any time. We reserve the right to cancel or amend the Program, or cancel any Account, at our sole discretion.
Participation in the Program is subject to any terms and conditions, rules, regulations, policies, and procedures, including (without limitation) these Terms and Conditions ("Program Rules") that we may, at our sole discretion, adopt from time to time. We reserve the sole right to interpret and apply the Program Rules. Any failure to follow Program Rules, any abuse of Program privileges, any conduct detrimental to the interests of L’Óreal, or any misrepresentation of any information furnished to L’Óreal or its affiliates by you, or anyone else acting on your behalf, may result in the termination of your Account, the cancellation of accrued points, rewards or benefits, or both.
The Membership and its benefits are offered at the discretion of L’Óreal and its affiliated companies, and L’Óreal has the right to terminate the Program or to change the Program rules, regulations, benefits, conditions of participation or rewards levels, in whole or in part, at any time, with or without notice, even though changes may affect the value of the YSL Beauty Dare & Love Membership Points (defined at Section 20) already accumulated. We may, among other things, withdraw, limit, modify, cancel or regulate the value or validity of the YSL Beauty Dare & Love Membership Points.
We reserve the right to audit your Account at any time for compliance with the Program Rules, without notice to you. In the event that an audit reveals discrepancies or possible violations, the processing of award redemption requests may be delayed pending completion of the audit.
You are responsible for remaining knowledgeable as to the Program Rules and the amount of YSL Beauty Dare & Love Membership Points in your Account. L’Óreal will attempt to advise active Members of various matters of interest through such means as may be appropriate, such as account summaries, newsletters and the Website, but we shall have no liability for any failure to do so.
The accumulation of Dare & Love Membership Points and the redemption of those points are subject to specific Program Rules enacted by L’Óreal. You are responsible for reading these materials in order to understand your rights and responsibilities under the Program. No points, benefits, rewards earned or granted under the Program may be transferred or assigned.
Each Member may maintain only one (1) Account. Duplicate accounts will be subject to cancellation.
Accrued YSL Dare & Love Membership Points do not constitute property of a member and have no value outside of the program. YSL Dare & Love Membership Points are credits that L’Óreal may revoke at any time as set forth herein. Rewards points may be not exchanged for cash, assigned, bartered, or transferred, except as set forth herein, and are not transferable upon death, as part of a domestic relations matter, or otherwise by operation of law.
We reserve the right to discontinue the Account of any individual who uses the Program in a manner inconsistent with these Terms and Conditions, Program Rules, or any federal, state, provincial, territorial or local laws, statutes, by-laws, guidelines, or ordinances. Discontinued Account(s) may result in the loss of all earned YSL Beauty Dare & Love Membership Points, benefits, and privileges. In addition to discontinuance of the Account, L’Óreal shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion.
PROHIBITION OF SALE OR BARTER
The sale or barter of any such YSL Beauty Dare & Love Membership Points, awards or benefits other than by L’Óreal is expressly prohibited. Any YSL Beauty Dare & Love Membership Points, awards or benefits transferred, assigned or sold in violation of the Program Rules, or these Terms and Conditions, in addition to exposing the Member to the penalties otherwise associated with violations, may be confiscated or cancelled.
ACCOUNT ACTIVITY
Any Member who fails at any time to engage in Account Activity for a period of twenty-four (24) consecutive months is subject to termination of his or her Account and forfeiture of all accrued YSL Beauty Dare & Love Membership Points.
"Account Activity" for purposes of these Terms and Conditions, shall be deemed to occur when a Member accrues YSL Beauty Dare & Love Membership Points in his or her account in any manner set forth in these Terms and Conditions, or as otherwise approved by L’Óreal, or when the Member uses or redeems the YSL Beauty Dare & Love Membership Points in his or her Account.
YSL BEAUTY DARE & LOVE MEMBERSHIP POINTS ACCRUAL
Only Members are eligible to accrue reward points in the Program by availing themselves of the means of accrual recognized under the Program (“YSL Beauty Dare & Love Rewards Points”). A Member may not accrue Dare & Love Membership Points from the utilization of any services and/or the purchase of any products, by any other person, animal, object, or entity.
Currently, Dare & Love Membership Points can be accrued by purchasing YSL Beauty products and/or services from:
any official YSL Beauty boutique(s) owned or operated by L’Óreal in Singapore; and/or
any third party retailers (both online and offline) authorized by L’Óreal to distribute YSL Beauty products and/or services (Tangs, Metro, Isetan, Takashimaya, BHG)
email address; and
YSL Beauty Phone Order Delivery Platform (http://wa.me/6585118036)
("Appointed Channel”)
L’Óreal expressly reserves the right to establish additional means of accruing YSL Beauty Dare & Love Membership Points, to delete any or all of the means currently recognized, or to exclude specific types of transactions from the accumulation of YSL Beauty Dare & Love Membership Points.
The amount of YSL Beauty Dare & Love Membership Points accrued shall be determined by the cash value paid by the Member. The cash value is the amount, in Singapore Dollars, stated in the receipts/invoices issued by the Appointed Channel at the point of purchase of the YSL Beauty products or services by the Member. Further details on the accrual of YSL Beauty Dare & Love Membership Points, Membership Tiers, validity date(s) of Dare & Love Membership Points, and Redemptions are set out at the “YSL Beauty Dare & Love Rewards Club Frequently Asked Questions” available here. In the event of any inconsistency between these Terms and Conditions and the FAQ, these Terms and Conditions shall prevail to the extent of such inconsistency.
If L’Óreal, or any of the Appointed Channel(s), improperly denies a Member an accrual or benefit, liability will be limited to the equivalent of that accrual or benefit.
Only the Member purchasing YSL Beauty products or services from the Appointed Channel(s) will receive YSL Beauty Dare & Love Membership Points for those YSL Beauty products or services credited to his or her Account.
L’Óreal reserves the right to make bonus points and promotional offers selectively available to certain Members at any time, based on purchasing activity, geographic locations, program participation, or other factors determined at L’Óreal’s sole discretion.
L’Óreal will, in most cases, credit its Members' Accounts with accrued YSL Beauty Dare & Love Membership Points. However, each Member shall have the responsibility to ensure that his or her YSL Beauty Dare & Love Membership Points are properly credited. Where a Member contends that Dare & Love Membership Points have been earned but not credited, or in cases where L’Óreal deems verification is required, L’Óreal reserves the right to require proof of accrual from the Member, including but not limited to copies of receipts or similar documentation verifying any transaction claimed to have been performed. Any claims for YSL Beauty Dare & Love Membership Points by the Member and proof of accrual must be received by L’Óreal within twelve (12) months after the date such Rewards Points were claimed to be earned.
MEMBERSHIP POINTS EXPIRATION
YSL Beauty Dare & Love Membership Points accrued in a Member's Account shall be maintained in the Account until they are redeemed for an award or until they expire, whichever occurs first.
YSL Beauty Dare & Love Membership Points will expire on each anniversary of the Date of Registration (“Expiration Date”). Expiring points that are not redeemed by the Expiration Date are void and deleted from the Member’s Account. Accounts in which YSL Beauty Dare & Love Membership Points accrual ceases for a full 2-year period are designated as dormant and L’Óreal reserves the right to close the Account after the expiration of any remaining Dare & Love Membership Points.
In cases where YSL Beauty Dare & Love Membership Points are, for any reason, removed from an Account, as for the redemption of awards, and later returned, the return of the YSL Beauty Dare & Love Membership Points to the Account shall not count as Account Activity.
AWARD REDEMPTION
The awards available to be redeemed and the amount of YSL Beauty Dare & Love Membership Points necessary to redeem each award will be set by L’Óreal and published to the Members. L’Óreal shall establish the process for award redemption (“Redemption”, “Redeem” or “Redeemed”), but Redemption shall basically mean the exchange of YSL Beauty Dare & Love Membership Points in a Member's Account for a specified award (“Award”).
YSL Beauty Dare & Love Membership Points Redeemed when purchasing a non-refundable good or service will not be returned in case of cancellation or return.
YSL Beauty Dare & Love Membership Points earned in two or more different Members’ Accounts may not be combined to Redeem any Award.
The award structure is subject to modification, cancellation or limitation at L’Óreal’s sole discretion, with or without notice. The amount of YSL Beauty Dare & Love Membership Points required to Redeem any award may be substantially increased, any Award may be withdrawn, and restrictions on any Award or its Redemption may be imposed at any time. The accumulation of Dare & Love Membership Points does not entitle Members to any vested rights with respect to any Awards or the Program. Awards shall be valid only on YSL Beauty products and/or services by L’Óreal and/or the Appointed Channels. Appointed Channels will be displayed on the Website and the Redemption process will show if YSL Beauty Dare & Love Membership Points are able to be Redeemed or accrued. L’Óreal shall not be held liable for any changes that result in the cancellation of an Appointed Channel from the Program.
L’Óreal shall not be liable or responsible in any manner for any tax consequences which may result from a Member's participation in the Program. Each Member is solely responsible for the payment of all taxes payable and benefits acquired as a result of such Member's participation in the Program and earning, conversion, holding and/or use of YSL Beauty Dare & Love Membership Points and for all applicable filing and reporting obligations. Members should consult with their tax advisors regarding the accumulation, conversion and use of the YSL Beauty Dare & Love Membership Points.
Appointed Channel(s) may be added to or removed from the Program at L’Óreal’s discretion, at any time with or without notice. In the event that a Appointed Channel is removed from the Program, the Member will still retain any YSL Beauty Dare & Love Membership Points remaining in the Member's Account that were earned through that Appointed Channel.
EXCLUSION OF LIABILITY
Notwithstanding any other terms or conditions in these Terms and Conditions, we shall not be liable to you for any loss, damage, inconvenience, moral distress, cost and expense of any nature (including, without limitation for any act, omission, neglect or willful default on the part of our agents, contractors, correspondents and/or their respective officers and employees) which in any way may be suffered or incurred by you or by any other person in respect of or in connection with the Program, including without limitation, your Account, Membership, YSL Beauty Dare & Love Membership Points, Awards or Redemption and/or in connection with the collection, use, disclosure and/or processing of your Personal Data in accordance with these Terms and Conditions. You will release and discharge us from all claims in relation to the aforesaid loss, damage, inconvenience, embarrassment, cost and/or expense.
Without prejudice to the generality of the foregoing and to the maximum extent permitted by applicable law, we shall also not be liable for any direct, incidental or consequential damage or loss suffered by you that may result from the collection, use, disclosure and/or processing of your Personal Data, including but not limited to any loss of, or any inability to retrieve, any Personal Data, howsoever caused, or any inaccuracy in the Personal Data presented, used or transmitted.
You shall indemnify us and keep us indemnified against any loss, damage, liability cost and expense (including legal costs and disbursements on a full indemnity basis), directly or indirectly arising from or relating to your misuse of the Account, the Program and/or breach of any of these Terms and Conditions, including without limitation, if you commit any fraud or misrepresent any information supplied or to be supplied under these Terms and Conditions.
PERSONAL DATA
It is a continuing condition of your Membership as well as your access to and use of the Program, the Account, and/or the Website that you consent to the collection, use, disclosure and/or processing of your information, including your Personal Data, by us and all other persons and entities involved in the Program in relation to and/or for the purposes of the Program ("Purposes"). Examples of your “Personal Data” which may be so collected, used, disclosed and/or processed for the Purposes include the following:
your Registration Information;
your credit card details, transaction details, images of receipts and any other information relating to you which you have provided to us or any of our agents, business partners and/or authorised service providers in any forms you may have submitted to us or any of our agents, business partners and/or authorised service providers, or in other forms of interaction with you;
information about your usage of and interaction with the products and services under the Program, and/or the Website, including computer and connection information, device capability, bandwidth, statistics on page views, cookies, IP addresses, Membership details and traffic to and from the Website; and
photographs or audio-video or other recordings of you taken or made in connection with Program.
In particular but without limiting the generality of Section 40, you consent to us and all other persons and entities involved in the Program to the collecting, using, disclosing and/or processing your Personal Data for the following purposes strictly in relation to and/or for the purposes of the Program:
verifying your identity for the purposes of processing your Membership application and maintaining and servicing your Account for the Program;
administering and managing the Program, your Account, and your transactions and interactions with us in connection therewith, and processing your Dare & Love Membership Points accruals and Redemptions;
sending you notifications as well as marketing and promotional messages under and in relation to the Program by email, such as information, updates, advertisements, promotions (including without limitation discounts and special offers) and other communications in connection with products, services, offers and promotions offered by L’Óreal, any of the Approved Channels, any entity comprised in the L’Óreal Group, our business partners, and/or our marketing partners;
conducting interviews, surveys and/or consumer or market related research so that we may provide you with better services and product offerings which may be of relevance to you;
carrying out profiling and statistical analysis to improve services provided to you;
informing you of changes and development to the Program, the Terms and Conditions, Program Rules, L’Óreal policies, and other administrative information, including for the purposes of servicing you in relation to products and services offered to you;
administering and conducting Program promotions, including announcing the results of Program promotions, identifying and contacting the winners of the Program promotions, and publicising and conducting marketing in relation to the Program promotions;
where you participate in Program promotions, the collection, use and disclosure of photographs or audio-video or other recordings of you taken or made in connection with Program promotions by L’Óreal and our agents, marketing partners, business partners and/or authorised service providers, for use in any publicity and/or advertising campaigns related to Program promotions across all media, including printed publications, presentations, promotional materials or websites L’Óreal, in their original or edited format which any of the aforesaid persons deems appropriate. You further agree and acknowledge that the copyright and all other intellectual property rights in and to all photographs or audio-video or other recordings of you taken or made in connection with the Program promotions shall vest solely and absolutely in L’Óreal without any compensation to you;
managing the infrastructure and business operations of L’Óreal in relation to the Program and complying with internal policies and procedures;
matching any Personal Data which relates to you for any of the purposes listed herein;
preventing, detecting and investigating crime, including fraud and money-laundering, and analyzing and managing other commercial risks;
compliance with any applicable rules, laws and regulations, codes of practice or guidelines or to assist in law enforcement and investigations by relevant authorities; and
processing your Personal Data for purposes which are reasonably related to any of the purposes stated above, including disclosure to and processing by any of our marketing partners and/or authorised service providers.
For the avoidance of doubt, the purposes set out in Section 41 (a) to (o) form part of the "Purposes”.
Whilst we will take reasonable steps to accurately record your Personal Data, we require that you provide accurate and complete Personal Data, and update such Personal Data with us from time to time. Your Personal Data may be transferred to a place outside of the country where you first provided the Personal Data.
If you wish to withdraw your consent to any use of your Personal Data as set out herein, or if you have any questions or complaints relating to your Personal Data, or if you would like to obtain access and make corrections to your Personal Data records, please contact our designated Data Protection Officer at [[email protected]].
You acknowledge that if you choose to withdraw your consent for the collection, use, disclosure and/or processing of your Personal Data for the Purposes, we may not be able to continue providing you with the products and services under the Program or otherwise administer your Account. In such an event, we shall have the right to terminate your Account. Such right shall be without prejudice to our rights and remedies against you in respect of any loss or damages arising from or in connection with such termination.
You agree that your consents granted herein do not supersede or replace any other consents which you may have previously granted to L’Óreal or any entity within the L’Óreal Group in respect of your Personal Data, and are additional to any rights which L’Óreal and any entity comprised in the L’Óreal may have at law to collect, use, disclose and/or process your Personal Data. You also agree that any withdrawal of your consents in accordance with these Terms and Conditions will not affect any other consents which you may have provided to L’Óreal or any entity within the L’Óreal Group respect of your Personal Data and/or the use of your Singapore telephone number(s) for receiving marketing or promotional information or other advertising or messages.
We may in our sole discretion from time to time share aggregated, non-personally-identifiable information with third parties, such as advertisers, our marketing partners and/or our business partners, for use in marketing, promotional or other activities.
GENERAL
Any attempt by any person to undermine the legitimate operation of the Program may be a violation of criminal and civil law, and, should such an attempt be made, L’Óreal reserves the right to seek damages from any such person to the fullest extent permitted by law. Any failure by L’Óreal to enforce any of these Terms and Conditions shall not constitute a waiver of that, or any other, provision.
All questions or disputes regarding an individual's eligibility for the Program, the earning, use, or conversion of YSL Beauty Dare & Love Membership Points, or a Member's compliance with these Terms and Conditions shall be resolved by L’Óreal in our sole and absolute discretion.
If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.
These Terms and Conditions shall be construed in accordance with the Laws of Singapore irrespective of where the application for Membership has been completed by the Member or submitted to L’Óreal. In any action or other legal process with respect to any matter or thing in connection with these Terms and Conditions, the Member irrevocably submits to the exclusive jurisdiction of the Singapore courts.
No failure on our part to exercise and no delay on our part in exercising any right or remedy under these Terms and Conditions will operate as a waiver of such right or remedy, nor will any single or partial exercise of any right or remedy preclude any other or further exercise of such right or remedy or the exercise of any other right of remedy. Any waiver by us of our rights or remedies in respect of any terms under these Terms and Conditions or any breach of these Terms and Conditions on your part must be in writing and may be given subject to such terms and conditions as we may deem fit and is effective only in the instance and for the purpose for which it is given.
Unless the context otherwise requires, words importing the singular shall also include the plural and vice versa. Words denoting the masculine gender include the feminine gender and both shall include the neuter gender.
The headings in these Terms and Conditions are inserted for ease of references only and shall not affect the construction of these Terms and Conditions.
(Updated as of: 24 Feb 2020)