SKINCLUB REWARDS LOYALTY PROGRAM TERMS & CONDITIONS
By signing up to be part of the MDO Skinclub Rewards Loyalty Program ("Program") you agree to be bound by the following terms and condiBons ("Terms"). Please ensure that you read them carefully before signing up. These Terms (also referred to as "Agreement") are a legal agreement between MDO CosmeBc Dermatology GmbH, Giesshübelstrasse 62D, 8045
Zurich, Switzerland (also referred to as "MDO"), and you.
SecBon 8 below contains a binding arbitraBon clause and a class acBon waiver. They affect your rights. Please read them carefully.
1.Membership Eligibility and Overview
1.1 The Program is offered at the sole discreBon of MDO CosmeBc Dermatology GmbH. The Program is available to individuals for their personal use only and is limited to one account per individual. CorporaBons, associaBons, or other groups may not parBcipate in the Program. Individuals who are at least 18 years or older and who provide and maintain a valid email address are eligible to become members. Employees of MDO CosmeBc Dermatology GmbH and individuals employed by our business partners or vendors are eligible for a membership in this Program for personal use only but may be excluded from certain benefits of the Program in MDO CosmeBc Dermatology GmbH's discreBon.
1.2 By joining the Program and becoming a Program member, you agree that you have read, understood and agree to be bound by these Terms (e.g,. your double opt-in into these Terms) and by any changes or modificaBons MDO CosmeBc Dermatology GmbH may make. You should review these Terms and the related policies frequently to understand the Terms that apply to the Program as they may change from Bme to Bme. These Terms do not alter in any way other terms or condiBons or any other agreement you may have with us relaBng to other aspects than this Program, including any agreement for products or services. By enrolling in the Program, you also agree to be bound by our website Terms and CondiBons, which are incorporated herein by reference. If you do not agree to these Terms and our website Terms and CondiBons, you cannot parBcipate in the Program. In countries in which the Program is prohibited by law, this Program is not offered and you must not parBcipate.
2. Program Enrollment
2.1 Eligible individuals may only enroll in the Program by visiBng h_ps://www.mdo- skin.com (MDO's websites are hereaber referred to as the "Site") and following the Program prompts to register for the Program.
2.2 You are required to provide your email address and to create a password to enroll and create a respecBve account. You may also have the opportunity to provide us with your name, birth date and mobile phone number, but this informaBon is opBonal. You are responsible for maintaining the accuracy of your account informaBon and for updaBng it as required. You may update your personal informaBon on the Site.
2.3 Only one Program account may be associated with a single email address. In the event of a dispute over ownership of the Program membership account, the member will be deemed to be the authorized account holder to whom the email address relates that was submi_ed at the Bme of enrollment. For purposes of these Terms, the "authorized account holder" is the natural person who is assigned to the submi_ed email address by an internet provider, online service provider, or other organizaBon (e.g., business, educaBonal insBtuBon, etc.) that is responsible for assigning email addresses for the domain associated with the submi_ed email address.
3. How the Program Works and Program Benefits
3.1 The Program is a way in which MDO CosmeBc Dermatology GmbH rewards and thanks loyal customers for purchasing products and/or taking other Program related acBons. For your purchase to qualify for the Program, you must be enrolled in the Program and be signed into your online account at the Bme of purchase on the Site. You are able to earn points and reach the Program loyalty Bers by making eligible purchases or taking certain Program acBons. Once you reach a certain loyalty Ber and/or earn a certain number of points, you may be eligible for certain benefits and rewards applicable to that Ber and/or number of points, which benefits may change from Bme to Bme and may be offered on a limited basis. Eligible purchases and other opportuniBes to reach Program loyalty Bers or earn points will be posted on the Site or may be published through other media (e.g., markeBng communicaBons, social media, etc.). Visit our FAQs to learn more about earning points and reaching the Program loyalty Bers.
3.2 Only purchases made on the Site are eligible for the Program. Purchases made in retail e- commerce or stores are not eligible for the Program.
3.3 Neither the Program accounts nor benefits, rewards and/or points obtained by parBcipaBng in this Program may be shared or combined with other members of this Program or third parBes. Only the member paying for the products may accumulate benefits, rewards, and/or points. Members will not receive benefits, rewards, and/or points on purchases which are reimbursed by corporaBons or other organizaBons ineligible to parBcipate in the Program.
3.4 Benefits, rewards and/or points earned through the Program have no cash value, are non- transferable, and you have no property rights in or to rewards, points or other Program benefits. Points credited to your Program account will be decreased or reversed, as applicable, if part or all of the purchase is returned or cancelled or if the credit is obtained through fraudulent or other acBvity that violates these Terms or any applicable law. The sale, barter, transfer, or assignment of any benefits, rewards, or points offered through the Program, is expressly prohibited unless MDO takes such acBon.
3.5 Benefits, rewards, or points cannot be exchanged or returned for other benefits, rewards, points, another product, or a monetary refund.
3.6 The products and services available through the Program and any samples that MDO CosmeBc Dermatology GmbH may provide to you are for personal use only. You may not sell or resell any of the products or samples you purchase with any benefits, rewards and/or points from the Program or otherwise receive from us by parBcipaBng in the Program. MDO CosmeBc Dermatology GmbH reserves the right, without noBce, to cancel or reduce the quanBty of any order to be filled and/or any products or services to be provided to you that MDO CosmeBc Dermatology GmbH believes, in our sole discreBon, may result in the violaBon of our Terms.
3.7. To be eligible for benefits, rewards, or points, purchases must be made on designated MDO products. Designated products include regular priced merchandise and exclude eGib, sales tax, state fees (US only), discounts, shipping, and delivery charges and/or other excluded charges specified by us from Bme-to-Bme. Further informaBon is available on our Site. Always the informaBon displayed at the moment when visiBng our Site is relevant.
3.8 MDO CosmeBc Dermatology GmbH is not responsible for benefits, rewards, and/or points lost or redeemed due to fraudulent acBvity.
3.9 MDO CosmeBc Dermatology GmbH reserves the right to change the benefits, rewards, or points, how you reach each Program Ber, how you earn benefits, rewards, points and how MDO CosmeBc Dermatology GmbH evaluates and reward your eligible purchases and/or other Program acBviBes. MDO CosmeBc Dermatology GmbH reserves the right to place limits on the number of purchases or acBviBes that are eligible for the Program and/or for any given Ber or point level, the number or types of benefits, rewards or points you may receive or earn in any given Ber or at any given point level, in a given Bme or for the duraBon of the Program, and/or any combinaBon thereof.
3.10 If you have concerns that a purchase or other acBvity was not properly applied to your account, you should contact MDO Customer Service at firstname.lastname@example.org or by calling 0800 58 57 56 55 (only possible from a landline). Your email must specify your name and email address associated with the Program, the date of the Program acBvity, and the issue(s) you encountered. This email must be sent no more than forty-five (45) days aber the date the purchase or other Program acBvity took place. MDO CosmeBc Dermatology GmbH is not responsible for late noBficaBons about purchases, or other Program acBviBes not being credited to an account.
3.11 Benefits, rewards or points can only be redeemed on the Site.
4 MarkePng CommunicaPons
4.1 By enrolling in the Program, you will be automaBcally subscribed to receive and consent to receiving MDO markeBng emails and Program related emails.
5. TerminaPon and ModificaPon
5.1 The Program and its benefits are offered at our discreBon. MDO CosmeBc Dermatology GmbH may, in our discreBon, cancel, modify, restrict, or terminate these Terms, our FAQs, and/or the enBre Program or any aspect or feature of the Program at any Bme without prior noBce, even though such changes may affect the value of benefits, rewards, or points already accumulated or earned and/or the ability to redeem accumulated benefits, rewards, or points.
5.2 MDO CosmeBc Dermatology GmbH reserves the right to exclude you from or to disconBnue your parBcipaBon in the Program and to audit your membership account at any Bme, in our sole discreBon. Any suspected abuse of the Program, failure to follow any Program Terms, membership inacBvity (e.g., no benefits, rewards, or points earned or redeemed) for more than 24 months, illegal acBvity, fraud, misrepresentaBon or other conduct inconsistent with these Terms and/or detrimental to us or our interests, including without limitaBon, any suspected illegal, fraudulent other unauthorized use of any Program benefits, rewards, points, or other benefits (such as vouchers, coupons and/or cerBficates), may result in the revocaBon of your membership and make you ineligible for further parBcipaBon in the Program. If your membership is revoked, any benefits, rewards, or points in your account will automaBcally expire and your access to the Program and features will automaBcally terminate. If MDO CosmeBc Dermatology GmbH suspects illegal acBvity, fraud, misrepresentaBon, abuse, or violaBon of these Terms, MDO CosmeBc Dermatology GmbH also have the right to take appropriate legal acBons, in our sole discreBon.
5.3. If you decide you no longer want to be a part of the Program, you may cancel your membership at any Bme by opBng out in your account on our Site. If you cancel your membership, you will lose all accumulated benefits, rewards, or points, and Ber status.
6. Disclaimer of WarranPes; LimitaPon of Liability
6.1 Neither MDO CosmeBc Dermatology GmbH nor our parents, subsidiaries, affiliates, partners, or licensors make any representaBons or warranBes of any kind whatsoever, express or implied, in connecBon with these Terms or the Program or any of the benefits, rewards, or points associated with the Program including, but not limited to, warranBes of merchantability, non- infringement or fitness for a parBcular purpose, except to the extent such representaBons and warranBes are not legally excludable.
6.2 You agree that neither MDO CosmeBc Dermatology GmbH nor our parents, subsidiaries, affiliates, partners, or licensors will be responsible or liable in contract or in tort or otherwise (including negligence) for any (a) interrupBon of business; (b) access delays or access interrupBons to the Program; (c) data non-delivery, loss, theb, mis-delivery, corrupBon, destrucBon or other modificaBon; (d) loss or damages of any sort incurred as a result of dealings with or the presence of third party links on the Site or use of any benefits, rewards or points of the Program; (e) computer viruses, system failures or malfuncBons which may occur in connecBon with your use of the Site, including during hyperlink to or from third party websites; (f) any inaccuracies or omissions in the Program content; or (g) events beyond our reasonable control. MDO CosmeBc Dermatology GmbH makes no representaBons or warranBes that defects or errors will be corrected.
6.3 Further neither MDO CosmeBc Dermatology GmbH nor our parents, subsidiaries, affiliates, partners, or licensors will be liable for any indirect, special, puniBve, incidental, or consequenBal damages of any kind (including lost profits) related to the Program and your parBcipaBon therein, whether in contract, or in tort, or otherwise (including negligence), even if MDO CosmeBc Dermatology GmbH has been advised of the possibility of such damages.
6.4 You agree that no claims or acBon in contract, or in tort, or otherwise (including negligence) arising out of, or related to, your parBcipaBon in the Program, use of any benefits, rewards, or points or these Terms may be brought by you more than one (1) year aber the cause of acBon relaBng to such claim or acBon arose. If you are dissaBsfied with the Program, terminaBon of your membership in the Program is your sole remedy. MDO CosmeBc Dermatology GmbH has no other obligaBon, liability, or responsibility to you.
7.1 You agree to defend, indemnify, and hold us, our parents, subsidiaries, affiliates, partners, licensors, officers, directors, employees, and agents harmless for any loss, damages, or costs, including reasonable a_orneys' fees, resulBng from any third-party claim, acBon, or demand resulBng from your parBcipaBon in the Program in violaBon of any law, rule, regulaBon or these Terms.
8. Governing Law, Disputes and ArbitraPon
8.1. These Terms shall be governed by and construed in accordance with Swiss law. Disputes arising in connecBon with these Terms shall be subject to the exclusive jurisdicBon of the Swiss arbitral tribunals.
8.2 Any dispute, controversy, or claim arising out of, or relaBng in any way to this Agreement (including any actual or alleged breach hereof, the validity, invalidity, or terminaBon), any transacBons or acBviBes under this Agreement or your relaBonship with us or any of our affiliates shall be resolved by confidenBal arbitraBon in Switzerland. ArbitraBon under this Agreement shall be conducted under the arbitraBon rules then prevailing in Switzerland. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdicBon. To the fullest extent permi_ed by applicable law, no arbitraBon under this Agreement shall be joined to an arbitraBon involving any other party subject to this Agreement, whether through class arbitraBon proceedings or otherwise.
8.3 You agree that any arbitraBon or proceeding shall be limited to the dispute between us and you individually, and (i) no arbitraBon 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 acBon-basis or to uBlize class acBon procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representaBve 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 plainBff or class member in any purported class or representaBve proceeding.
10. Contact Us
For informaBon about the Program and your membership, contact Customer Service at 0800 58 57 56 55 (only possible from a landline) or via email email@example.com. MDO CosmeBc Dermatology GmbH is not responsible for requests or correspondence lost or delayed in the mail or over the internet. For more informaBon you can find answers in our list of frequently asked quesBons FAQs.