Effective Date: 18th Jan, 2021
Click on one of the links below to jump to the listed section:
- Information We Collect
- How We Use the Information
- Information We Share
- Your Rights and Choices
- Data Transfers
- How We Protect Personal Information
- Links to Other Websites
- How to Contact Us
Information We Collect
Information You Provide
You may choose to provide personal information to us in a number of ways, such as when you participate in an offer or promotion, or when you make a purchase at any of our counters in department stores, our stores or on our site, via our social media/social networking pages (or their relevant platforms or corresponding mobile applications) or through one of our mobile applications. The types of personal information you may provide to us, if applicable, include:
- Contact information (such as name, postal address, email address, mobile phone or other phone numbers, mobile service provider);
- Age and date of birth;
- Ethnicity, gender, preferred language;
- Username and password;
- Payment information (such as your payment card number, expiry date, delivery address, and billing address);
- Purchase history;
- Product preferences and communication channel preferences;
- Your physical characteristics and skincare concerns and/or skincare regimes, skin type, skin conditions (sensitivities or allergies) and medications for the same that may be deemed sensitive personal information under applicable laws;
- Contact information of friend(s) or other people you would like us to contact (under the circumstance that you have obtained the required consent of such individuals for such use by us);
- Content you provide (such as photographs, videos, reviews, articles, survey responses and comments);
- Information provided to us when you visit our social media pages or use one of our social networking or mobile applications (such as your name, profile picture, likes, location, friend list and other information described on the social media network or application sign-up page, or your geo-location details when using one of our mobile applications).
- Your membership program or loyalty program account identification number.
- Device identifiers, such as information about your device like your MAC address, IP address, or other online identifiers.
It is voluntary for you to provide your personal information to us, but certain services and promotions may not be available to you if you do not provide your personal information.
How We Use the Information
We may use the information you provide for the below purposes:
- Send you promotional materials or other communications;
- Provide requested information and services to you;
- Contact you to follow up or confirm your orders, appointments, returns, or refunds and to send you other non-marketing communications related to products and services we provide to you;
- Process your payment and/or gift card transactions;
- Create and manage your account, including access to your on-line and in-store purchase history；
- Assist with product selection and replenishment, including through our customer registry;
- Administer our membership list and loyalty program list, if any;
- Respond to your inquiries;
- Tailor ads on our website, social media platforms and elsewhere to your interests and history with us;
- Communicate with you about, and administer your participation in, special events, contests, sweepstakes, programs (such as loyalty program, if any), surveys and other offers;
- Operate and communicate with you about our social networking or mobile applications;
- Operate, evaluate and improve our business (including developing new products and services; enhancing and improving our products and services; managing our communications; analyzing our products; performing market researches, data analytics and customer relations management programs, and performing accounting, auditing and other internal functions);
- Comply with applicable legal requirements, relevant industry standards and our policies;
- To avoid duplication and ensure accuracy of your Information, periodically conduct data cleansing, linking or merging of our records, either internally or through our service providers.
We also may use the information in other ways for which we provide specific notice at the time of collection.
If you provide us with your personal information, we intend to use it for direct marketing purpose to offer or advertise the availability of our goods and/or services. However, we may not use your personal information for such purpose unless we have received your consent to our intended use.
All types of personal information listed in the section “Information You Provide ” above may be used by us in direct marketing if you provide such information to us and you expressly consent to such use in writing. In such event, we may market the following classes of goods and services directly to you using your personal information:
- Beauty and skincare products;
- Hair care and hair styling products;
- Hair dye;
- Perfumes, scents, aromas, deodorants, home fragrance and candles;
- Shampoo, conditioners and cleansers;
- Tea and teabags;
- Special events, contests, sweepstakes, programs and surveys; and
- Any other products or services offered by us.
Direct marketing communications may be sent to you through various channels, including by telephone, post, email, SMS, through mobile apps, online apps, social media platforms and other online means.
If you do not wish us to use your personal information in direct marketing, you may opt out of our direct marketing at any time by following the procedures set out in the section “Your Rights and Choices” below. We must, without charge to you, cease to use your personal information in direct marketing if you so require.
We will use the personal information supplied by you for direct marketing only in accordance with the Personal Data (Privacy) Ordinance (Cap. 486 of the Laws of Hong Kong) (“Ordinance”). Our direct marketing materials may come in several forms, including but not limited to marketing mails, emails and text messages, the details of which are set out in the following sub-sections.
Information We Collect by Automated Means
When you visit this site or click on our online advertisements (including our advertisements on third party websites), visit our social media/ social networking pages (or their relevant platforms or corresponding mobile applications), or download and/ or use one of our mobile applications, we also collect certain information about your usage or device by automated means or by using technologies such as cookies, web server logs and web beacons. For example, if you use one of our mobile applications, we may collect your IP address, your unique device identifier (or other device identifier) and/or geo-location data in order to offer you certain features or functionalities within that mobile application. As set forth in more detail below, we may also collect information about your usage and browsing habits using various web-based technologies.
For your convenience, our mobile applications may also include functionality that allows you to remain logged in to the application so that you do not have to reenter a password each time you want to access the application. IF YOU CHOOSE TO REMAIN LOGGED IN, YOU SHOULD BE AWARE THAT ANYONE WITH ACCESS TO YOUR MOBILE DEVICE WILL BE ABLE TO ACCESS AND MAKE CHANGES TO YOUR MOBILE ACCOUNT AND MAY BE ABLE TO MAKE PURCHASES THROUGH YOUR ACCOUNT. For that reason, if you choose to remain logged in to the application on your mobile device, we strongly recommend you enable the Passcode Lock security feature on your mobile device to protect against unauthorized access to and use of your mobile device and your account in the application.
Technologies We Use
Cookies, Web Server Logs, Web Beacons and Geo-location technologies
- Cookies: “Cookies” are small bits of information or small text files that websites send to your browser which may then be stored on the hard drive of your computer as a tag that identifies your computer. Cookies remember information about your activities on the site to make your visits to our website more enjoyable and valuable to you by providing a customized experience and recognizing your preferences when you visit our website. Your browser may tell you how to be notified when you receive certain types of cookies and how to restrict or disable certain cookies. If you have chosen to disable cookies on your browser, some of the functionality of our website may be lost. To edit your cookie settings, click here:
- Flash cookies: “Flash cookies” (also called Local Shared Objects or “LSOs”) are data files similar to cookies, except that they can store more complex data. Flash cookies are used to remember settings, preferences, and usage, particularly for video, interactive gaming, and other similar services.
- Web server logs: Web server logs are records of activity created by the computer that delivers the webpages you request to your browser. For example, a web server log may record the search term you entered or the link you clicked to bring you the webpage. The web server log also may record information about your browser, such as your IP address of the device you use to connect to the Internet, operating system type, browser type, domain, the cookies set on your browser by the server, the language your system uses and country and time zone in which your device is located.
- Web beacons, clear pixels, or pixel tags: To control which web servers collect this information, we may place tags on our web pages called “web beacons”. “Web beacons” are computer instructions that link web pages to particular web servers and their cookies. They are small graphic images on a Web page or in an e-mail that can be used for such things as recording the pages and advertisements clicked on by users, or tracking the performance of e-mail marketing campaigns.
- Geo-location technologies: Geo-location technology refers to technologies that permit us to determine your location. We may ask you to manually provide location information on our website, or to enable your mobile device to send us precise location information. We may also automatically collect general location information from your web browser.
Third Party Web Analytics Services
We may use third party web analytics services on this site, our social media/ social networking pages (or their relevant platforms or corresponding mobile applications), or our mobile applications, such as those of Adobe Site Catalyst and/or Google Analytics. The service providers that administer these services use technologies such as cookies, web server logs and web beacons to help us analyze how visitors use the site. The information collected through these means (including IP address) is disclosed to these service providers, who use the information to evaluate use of the website. You may deactivate the ability of these analytics services to analyze your browsing activities on this site. To learn more about web analytics services, and exercise your choice with respect to their collection of information on this site:
For Adobe Site Catalyst, please click here: http://www.adobe.com/privacy/opt-out.html
To disable Google Analytics, please download the browser add-on for the deactivation of Google Analytics provided by Google at http://tools.google.com/dlpage/gaoptout?hl=en To learn more about privacy and Google Analytics please consult the Google Analytics overview provided by Google at: http://www.google.com/intl/en/analytics/privacyoverview.html
We have implemented certain Google Analytics Advertising Features (Google Analytics Demographics and Interest Reporting). You can opt out of the Google Analytics Advertising Features through Google Ad settings or by visiting https://tools.google.com/dlpage/gaoptout/ . We will use the data provided by Google Analytics Demographics and Interest Reporting as described under “How We Use the Information”.
To disable other third-party web analytics service provider cookies, some browsers indicate when a cookie is being sent and allow you to decline cookies on a case-by-case basis. You may also turn off cookies in your browser.
We may also use third-party platforms, including platforms operated by social networks, such as Google, Facebook, Pinterest, WeChat, LINE, Kakao etc., to show interest-based ads. We may convert your email address, telephone number or other information into a unique value which can be matched by those third parties with a user on their platform or with other data they may have collected from you. This matching allows interest-based ads to be delivered on those platforms. To opt out of these ads, you must change your advertising preferences on those third-party platforms. These platforms may have their own privacy notices or policies, which we strongly suggest you review.
How We Use the Information Collected by Automated Means
We may use the information collected through automated means on this site for market research, data analytics and system administration purposes, such as to determine whether you have visited us before or are new to the site, to tailor ads displayed to you on our site and elsewhere to your interests and history with us, and for compliance with our legal obligations, policies and procedures, including compliance with relevant industry standards and the enforcement of our Terms and Conditions. We also may use the information in other ways for which specific notice is provided at the time of collection.
Push Notifications and In-App Alerts and Updates
When you download one of our mobile applications, we may provide you with the option to opt in to receive push notifications from us on your mobile device in connection with that mobile application. These push notifications may include promotional communications regarding our products and services. You may, after downloading the applicable mobile application, opt out of receiving push notifications by adjusting the settings on your mobile device. Opting out of push notifications will not affect other communications you receive from us, such as email communications. You also may receive alerts and updates within our mobile applications regarding our products and services or your accounts with us. To opt out of receiving these alerts and updates, you may uninstall the applicable mobile application from your mobile device.
Information We Share
We do not rent, or sell, or otherwise (except as described here) disclose personal information we collect about you, so as to permit those third parties to directly market to you. But as may be required for the performance of the purposes discussed in earlier sections, we may share your personal information with:
- service providers, licensees and/or joint venture partners who may be located overseas, and they may perform services on our behalf based on our instructions and send you direct marketing materials in relation to the Goods and Services. We do not authorize these service providers to use or disclose the information except as necessary to perform services on our behalf or comply with legal requirements. Examples of these service providers include entities that process credit card payments, fulfill orders, and provide web hosting, advertising and marketing services;
- other third parties through social networks, widgets and plug-ins. If you use any features made available to you on our website by a third party, it may result in information being collected or shared between us and the third party. For example, if you use Facebook’s “Like” feature, Facebook may register the fact that you “liked” us and may post that information on Facebook. Also, some of our Facebook applications may share your information collected through those apps with your Facebook friends or other Facebook users.
Where we need to share your personal information to third parties for the performance of purposes discussed above on our behalf, we would request such parties to adopt a privacy practice with personal data handling at an equivalent or even stricter level. We may not be able to offer certain services or benefits to you if you do not consent to the sharing of your data.
In addition, we may disclose information about you (i) if we are required to do so by law or legal process, (ii) to law enforcement authorities or other government officials, or (iii) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss, or in connection with an investigation of suspected or actual fraudulent or illegal activity.
Your Rights and Choices
We offer you certain choices in connection with the personal information we collect from you, such as how we use the information and how we communicate with you. To update your preferences, ask us to remove your information from our mailing lists or submit a request, please contact us as specified below.
- Email Opt-Out
You can at any time tell us not to send you marketing communications by email by clicking on the unsubscribe link within the marketing emails you receive from us or by contacting us as indicated in the “How to Contact Us” section below. You also may opt out of receiving marketing emails from Bobbi Brown Hong Kong by sending an opt-out request to firstname.lastname@example.org. .
- Postal Mail Opt-Out
You can request Bobbi Brown Hong Kong to stop sending you marketing communications by postal mail by following the instructions that may be included in our promotional mail. You can also request us to refrain from sending you promotional mails by contacting us as indicated below.
- Text Message Opt-Out
You can request that we refrain from sending you text messages by contacting us as indicated below.
- Social Networking Application Opt-Out
To remove or delete our social media applications from your social networking account, follow the instructions from the social network.
For Facebook: please see instructions provided by the Facebook Help Center .
- Geo-Location Information
When you use one of our mobile applications, you may be asked for your geo-location via such mobile application. You may choose not to share your geo-location details by adjusting your mobile device’s location services settings. To decline sharing your geo-location details, follow the instructions on your mobile device on changing the relevant settings; otherwise, please contact your service provider or device manufacturer.
- Withdrawing Consent
You may withdraw any consent you previously provided to us, or object at any time on legitimate grounds, to the processing of your personal information. We will apply your preferences going forward. In some circumstances, withdrawing your consent to our use or disclosure of your personal information will mean that you cannot take advantage of some of our products or services.
- Reviewing, Updating and Modifying Personal Information
We may retain and use your Information for as long as necessary to fulfill the purposes set out above. You have the right to request access to and receive details about the personal information we maintain about you, update and correct inaccuracies in your personal data, and have the information blocked or deleted, as appropriate. The right to access personal information may be limited in some circumstances by local law requirements. We may take reasonable steps to verify your identity before granting access or making corrections. You may request to review, change or delete your personal information by sending an email to email@example.com. with attention to our data protection officer.
How We Protect Personal Information
We maintain appropriate administrative, technical and physical safeguards designed to protect the personal information you provide against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use. However, no security system is perfect, and we cannot promise that information about you will remain secure in all circumstances, including the security of your data during transmission to us or the security of data on your mobile device.
Links To Other Websites
Our website may provide links to other websites for your convenience and information. These websites may operate independently from us. Linked sites may have their own privacy notices or policies, which we strongly suggest you review if you visit any linked websites. To the extent any linked websites you visit are not owned or controlled by us, we are not responsible for the sites’ content, any use of the sites, or the privacy practices of the sites.
How To Contact Us
Terms & Conditions
Welcome to the Bobbi Brown Hong Kong Website (the “Site”)
Effective Date: 27th August 2019
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. 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.
For Macau residents: You warrant and undertake that any products or samples that you purchase or receive from our Site for delivery to Macau are for personal use only and that you will comply with all applicable import and other legal requirements. We shall not be liable for any non-compliance with such import or other legal requirements.
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 endeavor to be as accurate as possible when describing our products and providing information 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.
This Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.
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, features, functions, text, graphics, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the “Content”) is our property or the property of our parents, subsidiaries, our affiliates, partners or licensors, and is protected by applicable laws, including laws governing copyrights and trademarks.
Except as set forth 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; Use Restrictions
We grant you a limited, revocable, non-transferable, and non-exclusive license to access and make personal use of the Site. You understand and agree that you will not do or attempt to do or cause any third party to do or attempt to do any of the following in connection with your use of the Site:
- frame or utilize framing techniques to enclose the Site or any portion thereof;
- use any meta tags, “hidden text”, robots, spiders, crawlers, or other tools, whether manual or automated, to collect, scrape, index, mine, republish, redistribute, transmit, sell, license or download the Site, Content (except caching or as necessary to view the Site), or the personal information of others without our prior written permission or authorization;
- make any use of the Site or any Content other than for personal use;
- modify, reverse engineer or create any derivative works based upon the Site or any Content;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
- “stalk” or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way;
- intentionally violate any applicable local, national or international law;
- transmit, upload, post, e-mail, share, distribute, reproduce, or otherwise make available any software viruses, malware, program, code, file, or other material intended to interrupt, disrupt, alter, destroy, or limit any part of the Site; and/or
- engage or make any unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of “spam”.
We also grant you a limited, revocable, non-transferable, and non-exclusive 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 (as determined in our sole discretion); (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/or (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
By accessing or using the Site or any Content, you agree that you will comply with these Terms and Conditions and any warnings or instructions on the Site. You agree that when accessing or using the Site or any Content, you will act 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 us, our parents, subsidiaries, affiliates, partners or licensors.
If you access the Site via your mobile phone, we do not currently charge for this access. Please be aware that your carrier’s normal rates and fees, such as data charges, will still apply.
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. If you choose to register at the Site, 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 emailing us at firstname.lastname@example.org . 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 including Third Party Sites. Links appearing on the Site are for convenience only and are not an endorsement by us, our parents, subsidiaries, affiliates or partners of the referenced content, product, service, or supplier. You use and access of these off-website pages or any other websites including Third Party Sites 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 (including Third Party Sites), nor do we assume any responsibility or liability for the actions, content, products, or services of such websites, including without limitation, their privacy policies and terms and conditions. You should carefully review the privacy policies and terms and conditions of all off-website pages and other websites (including Third Party Sites) that you visit.
10. Special Features, Functionality and Events
11. User Content
When you transmit, upload, post, e-mail, share, distribute, reproduce or otherwise make available suggestions, ideas, inquiries, feedback, data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials (“User Content”) on the Site in any manner (including, but not limited to, through the “Contact Us” form), you are entirely responsible for such User Content. You hereby grant to us a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, and otherwise exploit such User Content throughout the world, in all media now known or hereafter developed, for any purpose whatsoever, including without limitation, developing, manufacturing, distributing and marketing products.
You represent and warrant that you own or otherwise control the rights to your User Content. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing, sharing, distributing, reproducing, or otherwise making available 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, fraudulent, 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.
We are in no way responsible for examining or evaluating User Content, nor do we assume any responsibility or liability for the User Content. 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 hereby waive all rights to any claims against us for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content.
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 certain public User Content, such as your posting(s), on our website or in connection with our mobile applications, please contact us by email at email@example.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. We also note that it may not be possible to entirely delete posting(s) because cached web pages may continue to exist.
12. Copyright Complaints
We respect the intellectual property of others and require that users of the Site do the same. We also maintain a policy that provides for the termination in appropriate circumstances of the Site’s use privileges of users who are repeat infringers of intellectual property rights. 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: (i) identification of the copyrighted work(s) that you claim has been infringed and a signed confirmation that you are the copyright owner or authorized to act on the copyright owner's behalf; (ii) a description of the material that you claim is infringing and the location of that material on the Site; (iii) your address, telephone number and email address; (iv) 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.
Our Designated Agent for notice for claims of copyright infringement is Gregg Marrazzo, Senior Vice President and Deputy General Counsel, The Estée Lauder Companies Inc., 767 Fifth Avenue, New York, N.Y. 10153. Telephone: (212) 277-2320, Email: firstname.lastname@example.org.
NOTE: THE ABOVE CONTACT INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING US 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 email@example.com.
13. Disclaimer of Warranties; Limitation of Liability
THE SITE IS PRESENTED “AS IS”. NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE OR ANY OF THE CONTENT OR SERVICES, 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, WARRANTY, 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, LOSS, THEFT, 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. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED.
FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL 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, WARRANTY, 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 THOUSAND HONG KONG DOLLARS (HK$1,000.00).
YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, IN TORT (INCLUDING NEGLIGENCE) OR OTHERWISE 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. IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH THE SITE, TERMINATION OF YOUR USE OF THE SITE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
You agree to defend, indemnify and hold us, our parents, subsidiaries, affiliates, partners, licensors, officers, directors, employees, and agents (the “Indemnified Parties”) 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 any Content (including User Content), or any of our products or services purchased on the Site, or your breach of these Terms and Conditions. You also agree to indemnify the Indemnified Parties 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, claim or controversy regarding the Site, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of the Hong Kong Special Administrative Region of the People's Republic of China (“Hong Kong”), as if the Terms and Conditions were a contract wholly entered into and wholly performed within Hong Kong. Any dispute relating in any way to your use of the Site shall be referred to and finally resolved by confidential arbitration in Hong Kong and you agree to 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 administered by the Hong Kong International Arbitration Centre (“HKIAC”) under the “HKIAC Administered Arbitration Rules” in force when the Notice of Arbitration is submitted. The law of this arbitration clause shall be Hong Kong law. The place of arbitration shall be Hong Kong. The number of arbitrators shall be three. The arbitration shall be conducted in English language. 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, 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.
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 firstname.lastname@example.org 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 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. The Effective Date of the current version of the Terms and Conditions is at the top of this page. 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. The headings in the Terms and Conditions are for convenience only and shall not be used in its interpretation.
If you have any questions regarding these Terms and Conditions, please email us at email@example.com
Remark: If there is any discrepancy between the Chinese and English versions of this policy, the English version shall prevail.