Please read the Terms and Conditions agreement carefully before using the www.mychelle.com site operated by MyChelle Dermaceuticals, LLC. This agreement sets forth the legally binding terms and conditions for your use of the site at www.mychelle.com. By accessing or using the site in any manner, including, but not limited to, visiting or browsing on the site or contributing content or other materials to the site, you agree to be bound by these Terms and Conditions.
The trademarks, names, logos and service marks (collectively “trademarks”) displayed on MyChelle.com are registered and unregistered trademarks of MyChelle Dermaceuticals, LLC Nothing contained on this website should be construed as granting any license or right to use any trademark without the prior written permission of MyChelle Dermaceuticals, LLC.
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, MyChelle Dermaceuticals, LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. MyChelle Dermaceuticals, LLC does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components..
Disclaimer of Liability
MyChelle Dermaceuticals, LLC shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company’s personal information or material and information transmitted over our system. In particular, neither the website owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof. In an attempt to provide increased value to our visitors, MyChelle Dermaceuticals, LLC may link to sites operated by third parties. However, even if the third party is affiliated with MyChelle Dermaceuticals, LLC, MyChelle Dermaceuticals, LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of MyChelle Dermaceuticals, LLC. These linked sites are only for your convenience and therefore you access them at your own risk. MyChelle Dermaceuticals, LLC seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a MyChelle Dermaceuticals, LLC or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
MyChelle Dermaceuticals, LLC does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, MyChelle Dermaceuticals, LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, MyChelle Dermaceuticals, LLC reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to MyChelle Dermaceuticals, LLC in its sole discretion.
You agree to indemnify, defend, and hold harmless MyChelle Dermaceuticals, LLC, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
These terms are agreed upon your accessing the site and or completing the registration or shopping process. These terms and conditions may be terminated without notice at any time or for any reason. The provisions relating to copyrights, trademarks, disclaimer, limitation of liability and indemnification shall survive any termination.
TERMS AND CONDITIONS: MyChelle Rewards Program
Article 1 - GENERAL
The MyChelle Dermaceuticals rewards program (the “Program”) is a loyalty reward program offered by MyChelle Dermaceuticals (the “Company”, “us”, “our” or “we”) to certain customers of the Company. The Program is accessible through www.mychelle.com (the “Program Website”) and any other related sites and applications referred to on the Program Website including without limitation https://www.mychelle.com/pages/loyalty (the “Explainer Page”).
The Program allows persons who have completed the membership enrollment steps (each, a “Program Member” or “Member”) in accordance with the present Terms and Conditions to collect points when making purchases on items identified from time to time by the Company (“Eligible Purchases”), and to redeem these points for rewards, benefits and/or rebates offered by the Company from time to time.
Members acquire no vested right or entitlement to the continued availability of any particular reward, benefit or redemption level.
- TERMS AND CONDITIONS
The terms and conditions set forth herein (the “Terms & Conditions”, and together with any terms set forth on the Program Website, the Explainer Page and any other terms accessible through any of the foregoing, collectively the “Program Terms”) govern the Program. The Company in its sole discretion can, restrict, suspend, amend, extend or otherwise alter the Program Terms at any time and without prior notice. If the Program Terms have been updated, the Company will post the new Program Terms on the Program Website and note the date that they were last updated, and no change will be effective until such change has been posted for at least ten (10) days. We encourage Members to review the Program Terms each time they use the Program.
By using or enrolling in the Program, you accept and agree to be bound by these Terms and Conditions.
Article 2 - PROGRAM MEMBERSHIP
- MEMBERSHIP ENROLLMENT
Membership is free and no initial purchase is required in order to become a Member. To become a valid Member, you must complete the enrollment process by providing complete and accurate information and indicating your acceptance of the Program Terms.
- PASSWORDS AND SECURITY
In order to enroll in the Program, you will have to register and create a Customer Account with us and provide one or more names, email addresses, login usernames and passwords (together, “ID”). You are responsible for maintaining the confidentiality of your ID. You agree not to use the ID of any third party or disclose your ID to any third party. You are responsible for any and all activity that occurs on your Account. If you suspect any unauthorized use of your Account, you must notify us immediately. You agree to provide us with correct and complete Account information at all times and inform us of any changes to the information you have provided. We will keep your ID confidential. Only one MyChelle Rewards account (“Customer Account”) is permitted per person.
- SUSPENSION RIGHTS; CAPACITY
If the Company determines that a Program Member has abused any of the Program’s privileges, fails to comply with any of the Program Terms, or makes any misrepresentation to the Company the Company may, in its sole discretion, take such actions as it deems appropriate, including without limitation, suspending such Member’s privileges under the Program, revoking any or all of the points in such Program Member’s Account, and/or revoking the Program Member’s membership in the Program, in each case, with or without advance notice to the Member and without liability to the Company.
Points will not be awarded if in the Company’s reasonable opinion the merchandise purchased will be used for resale or commercial use and any points awarded on such purchases will be forfeited. If a Member was awarded points for an offer or promotion in which a Member purchased product(s) in excess of reasonable quantities, the points awarded as a result of that offer or promotion may be forfeited without prior notice and the Account may be suspended or closed.
Unless further restricted elsewhere in the Program Terms, Membership is only available to (i) residents of the United States, and (ii) individuals above the age of majority and who have legal capacity. If a Member does not meet the capacity requirements set out above, all points awarded to such Member may be forfeited without prior notice and the Account may be suspended or closed.
- CHANGE IN INFORMATION
Program Members are responsible to advise the Company immediately of any change to their address or other contact information. The Company will not be responsible for any communication not received by a Program Member, provided that the Company sent such communication to the address or other contact information then on file from such Program Member.
- INACTIVE ACCOUNTS
A Program Member Account is deemed to be inactive if points are not earned in connection with such Account for one (1) year (365 days). Once an Account is deemed to be inactive, all points in such Account may, in the Company’s sole discretion, be deemed to have been forfeited by such Member, with or without notice.
- ACCOUNT CLOSURE
Points are reduced to zero upon closure of a Membership.
If a Customer Account log-in is used by any other person, all points relating to purchases made by such other person will be credited to the Member’s Account. The Company assumes no liability or responsibility for points redeemed by any person(s) prior to a notification to the Company’s Customer Service Centre that the Customer Account has been compromised. Any points redeemed prior to notification shall be at the Member’s risk.
Article 3 - REWARD POINTS
- COLLECTION; REDEMPTION
Points can be earned by Program Members in connection with purchases of goods and/or services made through the Company as set forth on the Explainer Page, regardless of method of payment, provided that the Member is logged into their Customer Account at the time of purchase.
Points can be redeemed for rewards. When enough points have been accumulated to obtain the reward(s) desired, redemption may occur through the online location as set forth on the Program website or Explainer Page. The redemption schedule, available rewards and other information is available on the Explainer Page. Rewards cannot be redeemed on Subscription/Recurring Orders.
A Member must be logged into their Customer Account when redeeming points to protect the integrity of the Member’s points balance. Each Member is responsible to ensure that all Personal Information is correct and up-to-date and the Company reserves the right to block redemptions where the Member information is inaccurate or incomplete. Members are solely and entirely responsible for keeping their Account secure. If a purchase price is lower than the redemption value of the points, the remaining dollar value associated with all utilized points will be forfeited.
Points have no cash value and are not exchangeable for cash. The accumulation of points does not entitle the Program Members to any vested rights, and the Company does not guarantee in any way the continued availability of any reward, redemption level, rebate or any other benefit. The Company assumes no liability to Members as regards the addition or deletion of items from or for which points can be collected and/or redeemed.
Except as permitted from time to time by the Company, points cannot be assigned, exchanged, traded, bartered, purchased or given by gift or otherwise sold. Any points so acquired are void. For the avoidance of doubt, such prohibited transfers include transfers upon operation or law upon the death of a Member.
- RETURN/EXCHANGE POLICY
In the event of a return/exchange of any eligible purchase that initially earned points, such points will be deducted automatically from the Account that was used for the eligible purchase (whether or not the Member is logged into their customer account at the time of return and/or exchange). Points will be deducted at the same rate as they were earned.
Upon the return and/or exchange of products awarded through the redemption of points, all redeemed points and coupon codes will be forfeited.
From time to time, the Company may advertise or offer exclusive offers to select Members to redeem points for items other than a discount reward, or receive other benefits or discounts.
Article 4 - PRIVACY
- CONFIDENTIAL INFORMATION
We are committed to protecting your privacy. We will maintain the privacy and security of all personal information collected from Members, including, but not limited to: name, address, email address, telephone numbers, date of birth, account number and purchasing information (“Personal Information”).
You understand that through your use of the Program, you consent to the collection and use of this information. As part of providing you the Program, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Program and your Account.
By sharing your email address and as an active customer and Program Member, we and/or our service providers may communicate to you special offers, services, promotions and program information. You can unsubscribe from receiving such messages at any time by updating your online account, by contacting customer service of the applicable entity, or by clicking unsubscribe at the bottom of any promotional email.
Article 5 - GENERAL
By enrolling in the Program, each Member (i) certifies that he or she is over the age of majority in the province in which he or she resides (or is supervised by a parent or legal guardian who agrees to the Program Terms) and of mental capacity (or is supervised by a legal guardian who agrees to the Program Terms), (ii) consents to the company’s collection and use of certain personal information, except as he or she may otherwise notify the Company and (iii) agrees to the Program Terms, as they may be amended from time to time.
- OTHER TERMS
These Terms & Conditions are in addition to any other Program Terms, and shall be read together with such other Program Terms as one and the same instrument; provided, that if there is a conflict between any terms set forth in these terms and conditions, the Program Website, the Explainer Page and/or any other Program Terms, such conflict shall be resolved as follows: first, the Explainer Page shall prevail, thereafter these Terms & Conditions, thereafter the Program Website and finally any other Program Terms. For the avoidance of doubt, in the event of any action, proceeding or other dispute arising from or relating to any Program Terms, such dispute shall be settled in accordance with the provisions and procedures set forth in these Terms & Conditions.
Any abuse by a Member of the Program’s privileges, any failure by a Member to follow these Terms and Conditions, or any misrepresentation by a Member may subject the Member to expulsion from the Program, including forfeiture of all accumulated points.
Every effort has been made to ensure that the information herein is correct. The Company is not responsible for any errors or omissions in printed copies of these Terms and Conditions nor those published from time to time on its website.
Any waiver by the Company of the strict observance, performance or compliance by a Member with any of the Terms and Conditions contained herein, either expressly granted or by course of conduct, shall be effective only in the specific instance and shall not be deemed to be a waiver of any rights or remedies of the Company as a result of any other failure to observe, perform or comply with the Terms and Conditions. No delay or omission by the Company in exercising any right or remedy hereunder shall operate as waiver thereof or of any other right or remedy.
In the event that any provision in these Terms and Conditions is determined to be invalid, illegal, or unenforceable, such determination shall not affect the validity and enforceability of any other remaining provisions of these Terms and Conditions.
If you have any questions about these Terms and Conditions or if you wish to provide any feedback with respect to the Program, please contact us at: firstname.lastname@example.org
TERMS AND CONDITIONS: MyChelle Rewards Referral Program
About Our Referral Program
Qualified Referral: Referrers will receive a Reward Credit for each Qualified Referral. A “Qualified Referral” is defined as a first purchase made at www.mychelle.com by a person (a "Referred Customer") who arrives to our website by clicking your MyChelle Referral Program link. The Referred Customer and the Referrer cannot be the same person (for example, by using a different email address). We automatically disqualify suspicious referrals. If someone you referred made his or her first purchase using your MyChelle referral link and you didn’t receive store credit, your referral might have been flagged as suspicious. Send an email to email@example.com and we will be happy to help.
Referral Rewards: For you to earn Reward Credits as a Referrer, the Referred Customer must complete an order on mychelle.com and must not have shopped on mychelle.com before.
Reward Credits: Each Reward Credit will be worth $5 USD in promotional credit on mychelle.com. Your account will be updated with your Reward Credits within 7 days of the Referred Customer completing his or her first purchase. As a Referrer, you are responsible for any and all tax liability resulting from Referral Credits.
Eligibility is limited to individuals only. MyChelle's Referral Program cannot be used by businesses for affiliate lead generation, as determined in MyChelle's sole discretion. You must be a legal resident of the United States.
You are only allowed to email referrals to friends and family members (those people with whom you have a personal relationship) and you must have received their permission first. A “friend” is a person with whom you communicate frequently and have met in person before. A “family member” is a person who is your parent, sibling or child or a person with whom you are related through marriage or common-law partnership. You must comply with all up-to-date “SPAM” laws and marketing regulations, which may include the laws where your friends or family members live. For example, emails must be created and distributed in a personal manner and bulk email distribution is prohibited. Any distribution of your referral link that could constitute unsolicited commercial email or "spam" under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your account and exclusion from MyChelle's Referral Program. Reward Credits are not valid for cash or cash equivalent and must be used in the currency in which they were received. Reward Credits cannot be transferred to other people or accounts.
Right to Close Accounts
MyChelle reserves the right to close the account(s) of any Referrer and/or Referred Customer and to request proper payment if the Referrer and/or Referred Customer attempts to use the MyChelle Referral Program in a questionable manner or breaches any of these Terms & Conditions or is in violation of any law, statute or governmental regulation.
Right to Cancel Program or Change Terms
MyChelle reserves the right to cancel the MyChelle Referral Program or to change these Terms & Conditions at any time in its sole discretion. However, it will not affect the expiration date of any referral link that has already been provided, nor your entitlement to use any Reward Credits that you may already have earned, in accordance with these Terms & Conditions.
NOTICE OF 3RD PARTY LIABILITY WAIVER:
The purchase, payment, warranty, guarantee, delivery, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from third party businesses are solely between you and such businesses. We do not endorse, warrant, or guarantee such products, information, or services. We are not in any way responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your transactions.