ISDIN Terms and Conditions
INDEX
Terms and Conditions of Use
Terms and Conditions of Sale
Love ISDIN Community Terms and Conditions
TERMS AND CONDITIONS OF USE
Corporate identification data
You are visiting https://www.isdin.com/us website (hereinafter, the Website) and/or the ISDIN - Love Your Skin mobile application (hereinafter referred to as the App), owned by ISDIN Corp. (hereinafter, ISDIN and/or Company, we, our or us).
ISDIN is a US Company, with registered office at 36 Cattano Avenue, 3rd Floor, Morristown, New Jersey (NJ), 07960, with tax identification number 37-1762320.
You can contact ISDIN by means of calling to the following telephone number +1 862-242-8129 or by writing to us through the online customer care form available at here. Please note that our phone line is available from Monday-Friday, 8:30 a.m to 5:00 p.m EST, excluding holidays.
YOUR ACCESS AND USE OF THE WEBSITE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS TERMS OF USE (THE "TERMS AND CONDITIONS OF USE") AND ALL APPLICABLE LAWS. BY ACCESSING OR USING ANY PART OF THE WEBSITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS OF USE SET FORTH BELOW, YOU MAY NOT USE ANY PORTION OF THE WEBSITE.
ARBITRATION NOTICE AND CLASS ACTION WAIVER:
THESE TERMS OF USE GOVERN HOW CLAIMS BETWEEN YOU AND THE COMPANY WILL BE RESOLVED. THESE TERMS AND CONDITIONS OF USE CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. PLEASE READ THEM CAREFULLY, SINCE THEY AFFECT YOUR LEGAL RIGHTS. YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
ACCESSIBILITY
If you are having any trouble accessing these Terms and Conditions of Use or the Website, please contact us at +1-862-242-8129, our customer care phone lines are open Monday through Friday, 8:30 am to 5:00 pm EST, excluding holidays.
Types of ISDIN Users and Terms of Use acceptance
These terms and conditions of use (hereinafter, Terms of Use) govern the access and use of the Website, as well as the App, the latter may be downloaded directly by the user from the Apple Store and/or Google Play, whereby the Application is operative for Android and IOS devices and operating systems, in particular for iOS 14 and Android 4.4W.
Through the Website and App, ISDIN offers products, services, loyalty programs or promotional actions - even on a temporary basis - that may be subject to their additional terms and conditions, including the SMS Terms and Conditions (if applicable) (collectively, the Additional Terms), which will be available for users on a case-by-case basis. In the event that the Additional Terms do not govern a specific matter, it shall apply the stated in the present Terms of Use. To this regard, please note that such promotional actions shall be offered by the company, and even modified, according to ISDINs sole discretion according to business needs and interests, without being necessary a prior notice to users. In the event of a conflict between these Terms of Use and any Additional Terms, the Additional Terms will prevail unless expressly stated otherwise.
Information on prescription drugs and/or medical devices that do not have prior authorization to advertise to the public by the health authorities may only be accessed by users who are professionals in the health sector. Any reference on the Website or in the App in relation to prescription drugs and/or medical devices that do not have prior authorization for advertising to the public by the health authorities shall only apply to healthcare professionals and, therefore, users who are not healthcare professionals shall not access such content (for illustrative purposes, non-professional users shall be deemed to be the Guest, and Users in accordance with the definitions described below).
The different types of users that will be able to access the Web and the App are:
2.1 Non registered user (browsing mode), hereinafter Guest:
A Guest user is a person who accesses or browses the services and activities of the Website and/or the App, without having registered in either of them.
To access or browse in Guest mode, no prior registration as a user is required within the Website or the App, notwithstanding the fact that for using certain services or accessing to content, registration shall be mandatory.
Those Guests who do not register will not have a Love Isdin account and therefore will not be able to accumulate or redeem points and will only have access to the public content of the Website and/or App.
The access to the Website constitutes your unequivocal acceptance of these Terms of Use.
2.2 Registered User
Visitors to the Website or App can register to make an account (Registered Users), under the conditions described in this section and in the applicable clauses of these Terms of Use, the Terms and Conditions of Sale and the Love ISDIN Terms and Conditions.
Upon registration, they will be provided with a user account and a password (and, if applicable, with other similar identification and authentication methods) (the Credentials). The Registered User commits to make a diligent use and grant the data confidentiality of the provided data by ISDIN. Registered Users are responsible for the appropriate storage and confidentiality of their Credentials, and they commit to not share or assign its use to third parties, nor even in a temporary or permanent manner, nor to let its use to outside third parties. ISDIN is not responsible, and will not be held liable, for the wrongful use, loss, or disclosure of your Credentials.
Consequently, ISDIN will not be held liable in regards to the use of the contents offered on the Website or App by any outsider third party who uses a Registered User's Credentials to this intend, as a result of a non-diligent action, voluntary supply or loss of the same by the user without notifying ISDIN of the circumstance.
It is the Registered User's obligation to immediately notify ISDIN of any improper use of Credentials or that allows its use, such as theft, loss, or unauthorized access to them, in order to proceed to their immediate cancellation. Unless and until ISDIN receives written notice from the Registered User that his/her Credentials have been compromised, ISDIN shall be exempt from any liability that may arise from the improper or unauthorized use of Credentials by unauthorized third parties and the Registered User shall be deemed as solely responsible for any acts, including any purchases, use or request made until ISDIN receives a prior written notice from the Registered User.
Registered Users may modify their Credentials at any time through his private user account as a Registered User of the Website or the App. Likewise, the Registered User will be able to modify his privacy preferences in the space provided for this purpose.
2.3 IsdinLovers who have scanned a QR of an ISDIN product that awards points:
United States consumers of legal age and residency (US Consumers) who legitimately scan a QR of an ISDIN product awarding points, and that shall be designed to grant access to the Love Isdin platform, may register in the Website or App as IsdinLovers upon their legitimate purchase of a qualifying ISDIN product for personal use via authorized credit or debit card. (described further below in Clause 1 of the Love ISDIN Community Terms and Conditions).
In any event, ISDIN reserves the right to request proof of purchase of the ISDIN product from the IsdinLover.
2.4 IsdinLover who has not scanned a QR of an ISDIN product:
US Consumers that decide to freely access to Love Isdin platform without having previously scanned an ISDIN products QR or who access Love Isdin platform by scanning an ISDIN QR inserted in any communication campaign carried out by ISDIN, will be duly registered on the Website or App. Registered IsdinLovers who have not scanned an ISDIN products QR may only accumulate Points for their participation in Love Isdin Actions (as defined in clause 2.2 of the Love ISDIN Community Terms and Conditions).
ISDIN may restrict and/or limit the access and participation of the registered IsdinLover without scanning a QR to some Love Isdin Experiences, which will be referenced on the Love Isdin platform itself.
Hereinafter, the Guest and the IsdinLover will be jointly referred as User/s.
Authorized Use of the Website and App
This Website or App is provided for the Users personal and non-commercial use and for informational purposes only. Any other use of the Website requires the prior written consent of ISDIN, which may be withheld by ISDIN in ISDINs sole discretion. By further using the Website or App, the User further represents and warrants that he/she: (i) is located inside the U.S.A., or (ii) is located outside the European Union or European Economic Area and agrees to be bound by U.S.A. laws and; (ii) is 18 years of age or older and agrees to be bound by these Terms of Use. This Website is intended for Users situated in the United States.
Having said that, ISDIN shall make available to Users, within the Website or App or other domains of its ownership, or App, interactive spaces such as blogs, forums and communication spaces between Registered Users for educational purposes, related to health, including sharing experiences, knowledge and discussing topics according to the personal experience of each one. For this purpose, Users must respect at all times:
Privacy rights of other Users. Users may not provide ISDIN with personal information of other Users or individuals without explicit consent.
Use the Website and its content in accordance with laws, these Terms of Use, and public order.
Do not express political beliefs and/or ideas that enhance discrimination.
Maintain respect toward third parties' opinions and comments.
Do not make abusive or defamatory comments or comments of a sexual or threatening nature.
Do not make false, inaccurate or incorrect statements of ISDIN, its directors, its employees, the Website or App or its content.
Do not use texts, materials, images, videos, or opinions belonging to third parties or in breach of third party intellectual property rights, or even use similar materials even if they belong to the user and not to third parties.
Do not publish third parties images without having their express consent and compliance with applicable law, including intellectual property law.
Do not destroy, alter, modify, prevent the use of, disable or, in whatever other manner or means, damage the data, programs or electronic documents found on the Website or App. Do not use any automated means, including, without limitation, agents, scripts, spiders, robots, data mining techniques or other automated devices or programs to access, monitor, catalog, download or otherwise reproduce, store or distribute content available on the Website or App. Further, Users may not use any such automated means to manipulate the Website or App, such as automating what are otherwise manual or one-off procedures.
User may not take any action to interfere with, or disrupt, the Website or App or any other User's use of the Website or App, including, without limitation, via means of overloading, flooding, mailbombing or crashing the Website, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms of Use. Users may not frame portions of the Website or App within another Website. Users may not resell use of, or access to, the Website or App to any third party without ISDINs prior written consent.
Do not hinder access to other Users by means of massive consumption of the computer resources through which ISDIN provides the ISDIN products, or to carry out actions that can damage, interrupt or generate errors in said systems or services.
Do not create User accounts by using false data or in the name of third parties who have not expressly given their consent.
Do not introduce, among others, programs, viruses, macros, applets, ActiveX controls or any other logical device or sequence of characters that cause or are likely to cause any type of alteration in the computer systems of ISDIN or third parties.
Do not send unsolicited marketing ideas. The User expressly agrees that ISDIN is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us without compensation and for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products and services using such information.
Likewise, ISDIN reserves the right to unilaterally withdraw comments, photographs, and/or other content stored in any Website or App sections when it is suspected that those comments, photographs, and/or other content infringe or breach third party rights or applicable laws, are used for advertisement purposes (SPAM), or when ISDIN deems its withdrawal necessary or appropriate in ISDINs sole discretion.
Any repeated or serious infringement of the Terms of Use described above, as well as any infringement of applicable laws, morality, good faith, public order or the principles governing ISDIN's activities will result in the loss of the right to access the Website and/or the App, as well as any legal action that ISDIN may deem appropriate.
4. Digital Communication Channels
ISDIN may communicate with you through the following digital channels, provided that you initiate the conversation first: WhatsApp, Chatweb (MIAW web and app), Apple iMessage, and Facebook Messenger, for purposes related to: product support, QR code scans, order management, reporting of adverse reactions, quality control, exercise of ARCO rights, and issuance or management of invoices.
By using these channels, you agree to be subject to the specific terms and conditions of each of them, which are independent from ISDIN. Accordingly, ISDIN is not responsible for the use that such third parties make of your information, nor for the availability, security, or operation of said channels.
For more information on how we process your personal data, please refer at all times to our Privacy Policy.
5. Advertisement
The Website and App may contain advertisements or sponsored content. The advertisers and sponsors shall be solely responsible for ensuring that material submitted for inclusion on the Website or App complies with applicable laws.
ISDIN will not be responsible for any error, inaccuracy or irregularity that may include such advertisement content or of the sponsors. In any event, to lodge complaints and/or claims in connection with the content inserted in the Website, advertisers or sponsored parties shall contact the Legal Department at the following email address: gi_cplegal@isdin.com.
6. Third Parties Links
6.1) Links to other websites
These Terms of Use exclusively govern the Website or to the App, including Love Isdin, and ISDINs content, and do not apply to any third parties websites accessible through the Website or the App. Those third party websites shall be governed by their own terms and conditions or other applicable law.
ISDIN will not be responsible for any changes to or updates of any linked third-party websites. In the event that hyperlinks to third-party websites are available on the Website or App, including its Love Isdins section, ISDIN will not exercise any control over such third-party websites and their content. In no event will ISDIN assume any responsibility or liability for the contents of any link belonging to a third-party website, nor will it guarantee the technical availability, quality, reliability, accuracy, breadth, update, truthfulness, and validity of any material or information contained within any third-party websites accessible via the Website or via the App.
Links are exclusively provided to inform Users about other particular channels of information, and the inclusion of a link does not imply its approval by ISDIN.
6.2) Links on other websites or services to Love Isdin
Links to ISDINs Website or App, including its Love Isdin section, placed on third-party websites or services must meet the following conditions: a) the link will only allow access to the website but may not reproduce it or one or several of its parts thereof in any way, b) links to the website section other than public areas, are not permitted; c) it is not allowed to create a browser or border environment over website sections, or otherwise change the website, d) it is not permitted to make false or inaccurate or incorrect representations or indications about the website and/or, in particular, to declare or imply that ISDIN has authorized the link or has supervised or accepted in any way the content made available on the website on which the link is established, e) except for those signs that are part of the same link, the website on which the link is established may not contain any mark, logo, taglines or other ISDIN distinctive signs, f) the website or service on which the link is offered may not contain unlawful information or content that is contrary to generally accepted morals and good customs and public order, nor may it contain content contrary to any third-party rights, including intellectual and industrial property rights and/or the right to honour, to personal or family privacy, or to ones own image or any other right.
In the event that a link to the website is introduced that allows the viewing of content thereof, said content may not induce error, confusion or deception in Users about the origin of the websites content, or represent an act of unfair comparison or imitation or an exploitation of ISDIN's reputation.
ISDIN has no authority, human or technical means to know, control or approve all information, content, products or services provided by other websites or services that have established links to the website. In this regard, ISDIN assumes no liability whatsoever for any aspect related to the website or service that establishes that link, in particular, by way of example and without limitation, about its operation, access, data, information, files, the quality and reliability of its products and services, its own links and/or any of its contents in general.
7. Intellectual and Industrial Property
7.1. Intellectual Property
All the Website and App content including but not limited to, the graphic design, source code, logos, texts, graphics, illustrations, videos, photographs and other elements that appear on the Website are the exclusive property of ISDIN, (or ISDIN holds all necessary licenses for its use). Nonetheless, all trade names, trademarks, logos, domain names, URLs or distinctive signs of all kinds of content in the Website are protected under law and are solely the property of ISDIN.
ISDIN does not grant Users any type of license or use authorization related to ISDINs intellectual and industrial property rights or for any other right in connection to the Website or App beyond what is necessary to use it.
No part of the content of the Website and App may be systematically extracted or reused without the express written consent of ISDIN, regardless of the means of extraction, including content extraction tools or robots.
Therefore, the User acknowledges and agrees that the reproduction, distribution, commercialization, transformation, and/or any other kind of exploitation of the content of the Website and App constitutes a violation of ISDINs copyright or other intellectual property right(s), and may result in the bringing of any judicial action against the User to enforce those rights.
ISDIN will be entitled to suspend and/or delete, at its sole discretion, the Websites and Apps content and any User account. Likewise, ISDIN may deny a User access to the Website and App or to any of their sections , in the event that ISDIN believes that such User may be violating applicable laws, these Terms of Use, or if such Users actions may disrupt the proper functioning of the Website and App or ISDIN systems, or in the event the User may harm ISDINs reputation and/or image, or of its collaborators.
In the event of sharing or publishing on the website, including in Love Isdin, any content that is protected by intellectual or industrial property rights, both its own and that of third parties, or that shows the image, voice or name of identifiable persons, either that of the IsdinLover itself or of third parties, the IsdinLover guarantees that they hold the necessary rights and/or authorisations to grant ISDIN a license to use such content unopposed on online and/or offline media at a promotional level and/or for the purposes indicated in each case, worldwide, and without any time limitation.
If it participates in the various experiences, activities, and events of Love Isdin, the IsdinLover authorizes ISDIN to capture their image and/or voice by taking photographs and/or audiovisual recordings, through its own means or by authorized third parties (the Materials). Likewise, it authorizes ISDIN to reproduce, distribute, publicly communicate, and transform the Materials. This authorisation in favor of ISDIN is granted for the maximum period of time permitted by law from the signing of this document and worldwide. ISDIN may use the Materials in any online and/or offline media for promotional purposes and/or for purposes established in each case, with the caveat and limitation that the use thereof does not infringe the right to honor of the IsdinLover.
7.2. DMCA Policy
ISDIN respects the intellectual property rights of others, and requires our Users to do the same. You may not upload, embed, post, email, transmit, or otherwise make available any material that infringes any copyright, patent, trademark, trade secret, or other proprietary rights of any person or entity. ISDIN has the right to prohibit infringers from using the Website and App.
If you believe your work has been copied and posted on our or through our Website or App in a way that constitutes copyright infringement, please send ISDIN a notification of claimed infringement to consumercare.us@isdin.com with all of the following information:
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
Identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Sites (providing the URL(s) of the claimed infringing material satisfies this requirement);
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owners behalf; and
Your physical or electronic signature.
8. Limitation of Liability
ISDIN does not limit nor exclude its responsibility or liability when such limitation or responsibility exclusion is not allowed in accordance with applicable law. ISDIN will not be held liable for the breach of its obligations when this infringement is due to a previous infringement by the User or due to an event of force majeure or that is under the reasonable control of ISDIN.
8.1. Responsibility for the Website and/or Apps use
The User is solely responsible for any infringements that may be incurred or damages that may be caused by its use of the Website and/or App, and ISDIN, its partners, group companies, collaborators, employees and representatives are exonerated from any kind of liability that may arise from the User's actions.
ISDIN will use all reasonable efforts and means to provide updated and reliable information on the Website and/or App. However, ISDIN does not guarantee the accuracy of the information on the Website and/or App and makes no warranty regarding the presence of errors or possible inaccuracies and/or omissions in any of the contents accessible through this Website and/or App.
The User shall indemnify ISDIN for any lawsuits, actions, or other claims by third parties against ISDIN based on the use of the Website and/or App by the User. If applicable, the User shall bear all expenses, costs and indemnities incurred by ISDIN as a result of such claims or legal actions.
8.2. Responsibility for the Website and or Apps functioning
ISDIN excludes all liability that may arise from interferences, omissions, interruptions, computer viruses, telephone breakdowns or disconnections in the operation of the electronic system.
ISDIN also excludes any liability that may arise from delays or blockages in the operation of this electronic system caused by deficiencies or overloading of telephone lines or the Internet, as well as damage caused by third parties through unlawful interference beyond the control of ISDIN.
ISDIN is entitled to temporarily suspend, without prior notice, access to the Website for maintenance, repair, updating or improvement operations.
8.3. Responsibility for the Website and/or Apps content
ISDIN shall not be liable, except to the extent required by law, for any damages that may be caused by the reproduction, distribution, public communication, or other use of any texts, images, or videos on the Website and/or App that are protected by third party intellectual property rights, without the User having previously obtained the necessary authorization from their owners to carry out the use that User is making or intends to make.
The User shall be liable for damages of any kind that ISDIN may suffer, directly or indirectly, as a result of the User's failure to comply with the present Terms of Use.
ISDIN shall not be liable for the information sent by the User when it does not have actual knowledge that the information stored is unlawful or that it harms property or rights of a third party liable for compensation. As soon as ISDIN has actual knowledge that it is hosting data such as those referred to above, it undertakes to act diligently to remove them or preclude access to them.
9. Modification of the Terms of Use
ISDIN reserves the right to update or modify the Terms of Use of this Website and of the App at any time, so the User should review them periodically.
10. Personal Data
If the User desires to learn more about how ISDIN processes personal data, the user shall refer to the Website's General Privacy Policy.
In any case, if the User has any doubts about the processing of his/her personal data by ISDIN, he/she may contact ISDIN by email at the following address: privacy.us@isdin.com.
The ISDIN e-commerce and the App will always have the most updated version of the Terms of Use available.
11. ISDIN Telephone and Text Message Marketing
If you register on the Website to participate in the ISDIN telephone and text message sales and marketing program (ISDIN Telemarketing Program), you agree to the SMS Terms and Conditions and acknowledge and agree that:
We will make phone calls and/or send sales, marketing, promotional text messages to users who register for the ISDIN Telemarketing Program through the Website and/or App.
You can cancel the ISDIN Telemarketing Program and receipt of SMS from us at any time by replying STOP or CANCEL to any text message from the ISDIN Telemarketing Program. After you text the message STOP or CANCEL to us, we will send you a text message to confirm that you have been unsubscribed. After this, you will no longer receive ISDIN Telemarketing Program text messages from us. If you want to re-register, just sign up on the Website, and we will start sending ISDIN Telemarketing Program text messages to you again.
If you experience any issues with the ISDIN Telemarketing Program, you can send us an email at consumercare.us@isdin.com.
Please be advised that carriers are not liable for delayed or undelivered messages. As always, message and data rates may apply for any message sent to you from us and/or sent to us from you. Although the frequency of the phone calls and messaging may vary depending on your participation in the ISDIN Telemarketing Program. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
12. Governing Law and Dispute Resolution
12.1.Governing Law, Dispute Resolution; Arbitration and Jurisdiction
The laws of the State of New York shall govern these Terms of Use. While we will make reasonable efforts to resolve any disagreements you may have with ISDIN, if these efforts fail, you agree that all claims, disputes or controversies against ISDIN arising out of these Terms of Use, or the purchase of any products ("Claims") are subject to fixed and binding arbitration (except for matters that may be taken to small claims court), no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory relief) they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third- party claims, interpleaders or otherwise; and Claims made independently or with other claims. The party filing an arbitration must submit Claims to the American Arbitration Association and follow its rules and procedures for initiating and pursuing an arbitration. Any arbitration hearing that you attend will be held at a place chosen by the American Arbitration Association in the same city as the U.S. District Court closest to your then current residential address, or at some other place to which you and ISDIN agree in writing, and the arbitrator shall apply New York law consistent with the Federal Arbitration Act. YOU SHALL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS OR TO ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. You may obtain copies of the current rules, and forms and instructions for initiating an arbitration by contacting the American Arbitration Association at using the contact information noted below.
American Arbitration Association
800-778-7879 (toll-free)
Website: www.adr.org
A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten (10) years experience or a retired or former judge, selected in accordance with the rules of the American Arbitration Association. The arbitration will follow the procedures and rules of the American Arbitration Association which are in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with these Terms of Use, in which case these Terms of Use will prevail. Those procedures and rules may limit the discovery available to you or us. The arbitrator will take reasonable steps to protect your customer account information and other confidential information if requested to do so by you or ISDIN. Each party to the arbitration will bear the expense of that party's attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. The arbitrator's award is final and binding on the parties unless we or you appeal it in writing to the arbitration firm within fifteen (15) days of notice of the award. The appeal must request a new arbitration before a panel of three neutral arbitrators designated by the American Arbitration Association. An award by a panel is final and binding on the parties after fifteen (15) days has passed. Any Claim you have must be commenced within one (1) year after the date the Claim arises. As noted above, you and Company hereby voluntarily and knowingly waive any right either may have to a jury trial.
ANY CLAIM YOU HAVE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE THE CLAIM ARISES. AS NOTED ABOVE, YOU AND COMPANY HEREBY VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT EITHER MAY HAVE TO A JURY TRIAL.
We will not choose to arbitrate any Claim you bring in small claims court. However, if such a Claim is transferred, removed or appealed to a different court, ISDIN may then choose to arbitrate.
In the event this arbitration clause is not enforceable by the specified arbitration organization, the parties will mutually agree upon another arbitration organization that will enforce this clause.
Please note that, the laws of other countries may differ regarding the access and use of the Website and App. We make no representations regarding the legality of this Website and App in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A.
12.2. Class Action Waiver
YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND ISDIN ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. CLAIMS AND REMEDIES SOUGHT AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION ARE SUBJECT TO ARBITRATION ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS, AND THE ARBITRATOR MAY AWARD RELIEF ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS.
TERMS AND CONDITIONS OF SALES
General Information
The present Terms and Conditions of Sales (hereinafter, the Terms and Conditions of Sales) apply to all product orders made by any User at ISDINs Website and App (hereinafter as well referred as ISDIN e-commerce), but only if the User makes an order as a natural person and consumer, according to applicable law term definition.
The Terms and Conditions of Sale shall apply to all orders for products placed by the User through ISDIN e-commerce provided that the User places the order as a natural person who is a consumer, for his or her own use, as that term is defined in the applicable regulations. Consequently, the User will not be able to make purchases through ISDIN e-commerce in the event that he/she does not do so in his/her capacity as a consumer as defined in the applicable regulations.
Placing an order for ISDIN products and the application of the Terms and Conditions of Sale to the User's order is subject to the User having followed the ISDIN e-commerce instructions, including, but not limited to: (i) filling out the registration and/or access form, if applicable; (ii) reading and being informed of the privacy policy; (iii) reading and expressly accepting the Terms and Conditions of Sale and Terms of Use; and (iv) expressly confirming that placing of the order entails an obligation to pay. If the User does not agree with the privacy policy and/or the Terms and Conditions of Sale, the User may not place an order through ISDIN e-commerce.
By placing an order, the User represents (i) that he/she has the necessary legal capacity to contract or, if applicable, has the consent of his/her legal representative or guardian and (ii) that the data entered, if applicable, in the registration and/or access form are accurate, precise and true.
ISDIN reserves the right to update or modify the Terms and Conditions of Sale at any time. The updated or modified version of the Terms and Conditions of Sale will only apply to new orders placed after the update or modification. ISDIN e-commerce will always have available the most updated version of the Terms and Conditions of Sale.
Product information and Availability
Product information is available on ISDIN e-commerce. The inclusion of any product on ISDIN e-commerce at any given time does not imply or warrant that such product will be available at all times. ISDIN reserves the right to discontinue the continuity of an ISDIN product at any time.
Product images shown on ISDIN e-commerce are exclusively for illustrative purposes only. Consequently, the User must rely uniquely on the product description and its characteristics, as indicated on ISDIN e-commerce.
Furthermore, please note that ISDIN offers registered users, with every order, a free sample in the event that the order is worth 120 USD. In the event that the order is over 120 USD, the registered user will be given the possibility to add another free sample to his/her purchase. However, please note that free samples will only be provided if stocks are available, and are at ISDINs choice. Under no circumstances shall the inability to choose and/or receive a free sample entitle the registered user to compensation, either in financial or in kind. In addition, ISDIN reserves the right to withdraw the offer of free samples to registered users, even to modify the price in order to obtain a free sample, at any time in its sole discretion in accordance with business interests.
We also remind Users that where products and/or samples, as well as additional products to the same ISDIN products, are given to users free of charge on an exceptional basis due to temporary promotions offered by ISDIN, these will not be refundable and cannot be exchanged for other ISDIN products or for their economic value.
Delivery Price and Costs
The price of the products indicated on ISDIN e-commerce is in U.S.A. dollars ($) and include all applicable taxes and fees. Where applicable, ISDIN will inform the Users that the price has been customized on the basis of automated decision-making. The price of the products does not include delivery expenses, which must be added to the price of the products and which will be duly communicated to the User during the order review process before confirming and submitting the Users order. Delivery costs may vary depending on the delivery method chosen.
ISDIN reserves the right to modify the price of the products, without these modifications affecting orders already confirmed by ISDIN.
Order Confirmation
Once the order has been placed by the User, ISDIN will send an order confirmation email to the email address provided by the User in the registration form and/or access. All Users shall be encouraged to check their SPAM inbox, as some time it may be possible due to the Users email setting configuration to receive the payment confirmation email there. The email will include the order number, as well as the information required by applicable regulations. Once the order confirmation email has been received, the User may cancel the order by contacting customer service, without prejudice to his/her right of return, as set forth in these Terms and Conditions of Sale.
Notwithstanding the foregoing, ISDIN reserves the right to cancel the order placed by the User, without being able to be held responsible, for justified reasons, including, but not limited to: (a) unavailability of the product; (b) inability to process payment; (c) error in the price of the product offered on ISDIN e-commerce and after contacting the User and offering him/her the possibility to reorder the product at the correct price; (d ) false or incorrect information provided by the User in the registration form and/or access form, if applicable, or; (e ) in cases where ISDIN is unable to verify the legitimacy of points obtained from scanning the ISDIN products QR. If ISDIN has already received payment for the product price of the canceled order, ISDIN will reimburse the User for such amount to the same payment method that the User used to pay the product price of the canceled order.
Payment Methods
The payment of the price for the ISDIN products can be made by means of any of the following payment methods:
Credit or Debit card (VISA, Mastercard or American Express) by means of our secure payment card platform;
Paypal.
Apple Pay.
In the event of paying with credit or debit card, when clicking the button Pay Now, the User acknowledges that he/she is confirming that he/she is the legitimate owner of the credit or debit card. To minimize the non authorized access risk, the Users credit or debit card data will be codified. The credit or debit cards are subject to checks and authorizations by its issuing entity, but if such entity does not authorize payment, or the card has been blocked/rejected the purchase will not be formalized with the User and ISDIN shall not be held liable for any delay or non-delivery. ISDIN will cooperate appropriately with the User and/or law enforcement and/or judicial authorities to detect and/or investigate fraudulent transactions linked to the debit or credit card used to pay for the Products.
The User shall be responsible for any charges that may be applied by the credit or debit card issuer, his/her bank or other payment institution, as well as currency exchange rates, as a result of the processing of the payment of the price of the product. If ISDIN is unable to process the Users payment for any reason, ISDIN will inform you and cancel his/her order, without any liability whatsoever.
The User will bear both the charges and surcharges that the entity that has issued the credit or debit card, their bank or other payment institution may levy, as well as the exchange of the type of currency, as a result of the processing of the payment of the price of the product. If ISDIN is unable to process their payment for any reason, ISDIN will inform them and cancel their order, without any liability.
Furthermore, ISDIN shall in no event be liable for the User's failure to take security measures in relation to the safekeeping of the User's credit or debit card and the User's security keys and/or passwords.
Delivery
Products purchased through ISDIN e-commerce will be delivered exclusively in the USA. The products will be delivered by the transport and/or courier service company contracted by ISDIN (hereinafter, the "Courier). The Courier will deliver the products (i) to the particular address indicated by the User in his/her order or (ii) to the delivery point chosen by the User when placing his/her order.
If the User has chosen to have the products delivered to a particular address and delivery could not be made on the first attempt, the Courier will contact the User to arrange a date and time for delivery on a second attempt, at no additional cost to the User. If the Courier is unable to contact the User to arrange an appointment for the second delivery attempt or the delivery cannot be made on a second attempt, the order will be returned to the Courier's warehouse of origin, in which case we will inform the User by email so that the User can pick up the order at the Courier's warehouse of origin within a limited period of time. If the User does not collect the order within the time period indicated by email, ISDIN may cancel the order and refund the price of the products, minus the delivery costs.
In any case, ISDIN is not responsible for any delivery problems resulting from incorrect or inaccurate information provided by the User.
The products will be shipped once ISDIN has received payment of the price of the products. ISDIN will endeavor to deliver the products to the User within the delivery times indicated during the order review process prior to confirming and placing the order, unless a force majeure event occurs or is beyond ISDIN's control, in which case ISDIN will contact the User. Delivery times may vary depending on the shipping method chosen.
In the event that ISDIN has not delivered the products within thirty (30) calendar days from the order confirmation, the User shall have the right to cancel the order and ISDIN will refund the price of the product using the same payment procedure that the User used to pay the price of the product of the canceled order.
Depending on the Courier, the User may be able to track his order by clicking on the link included in the email sent with his order.
Legal warranty and nonconformity
For clarification purposes, ISDIN shall not be liable for any damage, alterations or modifications to the products caused by the User and/or attributable to misuse of the product.
In the event that the User detects any defect or non-conformity of the delivered product, the User may contact ISDIN customer service by calling +1 862-242-8129 or sending an email to consumercare.us@isdin.com.
In case of adverse reaction, the User should contact ISDIN through the web form "Adverse Effect" available at the following web address www.isdin.com/en-US/contact-us.
Return Policy
ISDIN products must have been purchased directly from the Website or App. ISDIN will not accept returns of ISDIN products purchased from other retail outlets. Please return those to the store or outlet where purchased.
Products must be returned within 30 days of order date if the product does not meet your reasonable expectations. Returned products must be returned in the same condition in which they were at the time of delivery, therefore used products will not be accepted. For illustrative purposes, the products must be returned unused, undamaged and, where applicable, unsealed, with their original packaging and labeling, and with all related accessories and documents.
We will make a determination, in our reasonable discretion, whether a product claimed to be damaged or defective was actually damaged or defective when originally delivered to you and used as intended.
Requests for refunds and exchanges will be reviewed and determined on a case by case basis. We reserve the right, in our reasonable discretion, to refuse to refund or exchange any product. In those cases, or if the returned products that do not comply with the conditions set out in this section, will not be accepted by ISDIN and will be returned to the User at the address provided by the User when placing the order. ISDIN will contact the User and return the products within a maximum period of thirty (30) calendar days after ISDIN is notified of the refusal to return the products.
If your product was damaged in transit, you may request a replacement of the purchased damaged product within 30 days.
Furthermore, products specified as non-returnable or not for resale cannot be returned, as well as products as part of a kit or pack cannot be returned separately.
Finally, keep in mind that original shipping costs are non-refundable.
8.1. How to return a product:
1. Email us at consumercare.us@isdin.com within thirty (30) days of the date of your purchase with the following information:
Date of Purchase and order number
Product Name and quantity you wish to return
Reason for Return (if your product was damaged in transit, please attach pictures for our review).
2. Carefully pack the product(s) into a standard box and include the original invoice or a note with the order number and purchase date. Affix the prepaid label and take the package to any drop-off location of the courier shown on our pre-paid label. Please note that all Users shall receive said label within their order.
3. Once the products have been received, ISDIN will send a confirmation email to the User. For clarification purposes, this confirmation email does not constitute acceptance of the return by ISDIN, which is subject to compliance with the provisions of this section.
4. Once approved, ISDIN will proceed with the refund to the same payment method used and indicated by the User while purchasing the products, within 7-10 working days as of reception approval of the refund request, including having received the package with the purchased products to be returned in ISDINs facilities.
Contact
For further information, the User may contact ISDIN by any of the following means:
By ordinary postal mail, sending your communication to: 36 Cattano Avenue, 3rd Floor, Morristown, New Jersey (NJ), 07960;
By email, by sending an email to: consumercare.us@isdin.com;
By telephone, by calling the number +1 862-242-8129; or.
By means of the contact form available here.
10. Governing Law and Dispute Resolution
10.1.Governing Law, Dispute Resolution; Arbitration and Jurisdiction
The laws of the State of New York shall govern these Terms and Conditions of Sale. While we will make reasonable efforts to resolve any disagreements you may have with ISDIN, if these efforts fail, you agree that all claims, disputes or controversies against ISDIN arising out of these Terms and Conditions of Sale, or the purchase of any products ("Claims") are subject to fixed and binding arbitration (except for matters that may be taken to small claims court), no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory relief) they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third- party claims, interpleaders or otherwise; and Claims made independently or with other claims. The party filing an arbitration must submit Claims to the American Arbitration Association and follow its rules and procedures for initiating and pursuing an arbitration. Any arbitration hearing that you attend will be held at a place chosen by the American Arbitration Association in the same city as the U.S. District Court closest to your then current residential address, or at some other place to which you and ISDIN agree in writing, and the arbitrator shall apply New York law consistent with the Federal Arbitration Act. YOU SHALL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS OR TO ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. You may obtain copies of the current rules, and forms and instructions for initiating an arbitration by contacting the American Arbitration Association at using the contact information noted below.
A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten (10) years experience or a retired or former judge, selected in accordance with the rules of the American Arbitration Association. The arbitration will follow the procedures and rules of the American Arbitration Association which are in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with these Terms and Conditions of Sale, in which case these Terms and Conditions of Sale will prevail. Those procedures and rules may limit the discovery available to you or us. The arbitrator will take reasonable steps to protect your customer account information and other confidential information if requested to do so by you or ISDIN. Each party to the arbitration will bear the expense of that party's attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. The arbitrator's award is final and binding on the parties unless we or you appeal it in writing to the arbitration firm within fifteen (15) days of notice of the award. The appeal must request a new arbitration before a panel of three neutral arbitrators designated by the American Arbitration Association. An award by a panel is final and binding on the parties after fifteen (15) days has passed. Any Claim you have must be commenced within one (1) year after the date the Claim arises. As noted above, you and Company hereby voluntarily and knowingly waive any right either may have to a jury trial.
Please note that, the laws of other countries may differ regarding the access and use of the Website and app. We make no representations regarding the legality of this Website and App in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A.
10.2. Class Action Waiver
LOVE ISDIN COMMUNITY TERMS AND CONDITIONS
Love ISDIN Community Objective
This document contains Love ISDIN Community Terms and Conditions (hereinafter the Love Isdin Terms and Conditions) that regulate the use of the ISDIN loyalty program, included within the website www.https://www.isdin.com/us and the App (hereinafter, Love Isdin), owned by ISDIN. Contact email is consumercare.us@isdin.com.
Love Isdin will aim to facilitate the relationship with IsdinLovers, through a new digital communication channel, making available to IsdinLovers various experiences to get to know and try ISDIN products, as well as enjoy educational and informative tools on skin care.
In addition, Love Isdin will work as a loyalty portal in which ISDIN will award points to IsdinLovers by scanning the QR codes available, both in the ISDIN products as well as in the different communication campaigns carried out by ISDIN (hereinafter, ISDIN QR), and/or through participating in actions that award points, in accordance with what is defined in these Love Isdin Terms and Conditions. These points will be redeemable for certain experiences that may consist, by way of example and not exhaustively, of training and information actions, participation in events, the achievement of certain benefits related to skin care and well-being, discounts for the purchase of ISDIN products through ISDIN E-Commerce, sweepstakes, etc. (hereinafter, Love Isdin Experience/s).
Love Isdin will not provide medical or assistance of any kind. The information available on this Website and/or App is provided for informational and educational purposes only and is not intended to be a substitute for consulting a health care professional or obtaining professional medical advice, diagnosis, or treatment. We do not directly or indirectly practice medicine, render medical advice, or dispense medical services through Love Isdin. Nothing contained in the content of Love Isdin should be intended to be a medical diagnosis or treatment directive or recommendation. Any reference in relation to medical services or prescription drugs in the Love Isdin Terms and Conditions does not constitute medical advice. ISDIN does not endorse or assume responsibility for any specific physician, product, procedure, opinion, service, or other information that may be mentioned or linked to through Love Isdin. Reliance on any information provided by ISDIN or employees of ISDIN is solely at the Users own risk. Users shall always seek the advice of your physician or other qualified healthcare professional. Users shall also check all product information (including package inserts) regarding dosage, precautions, warnings, interactions and contraindications before administering or using any device, drug, herb, vitamin or supplement. Moreover, any references to medical services or prescription drugs in the Love Isdin Terms and Conditions shall not apply to Users under any circumstances.
Some of the Love Isdin Experiences can only be enjoyed by the IsdinLover using the points obtained together with the payment of a price in US Dollars ($). Information about the different Love Isdin Experiences will be available in the description of the Experience itself included in the platform, which will inform about those Love Isdin Experiences that require the payment of points together with a payment in currency US Dollars ($).
The inclusion of any Love Isdin Experience on the website and/or App at any given time does not imply or guarantee that said Love Isdin Experience will be available at all times. ISDIN reserves the right to discontinue the continuity of an Love Isdin Experience at any time.
Product images and Love Isdin Experiences are shown on Love Isdin for illustrative purposes. Therefore, the IsdinLover must rely exclusively on the description of the product and the Love Isdin Experience and its characteristics, as indicated on the website and/or App.
Likewise, please note that ISDIN reserves the right to decide at any time the content offered through Love Isdin. ISDIN may, at any time and without prior notice, modify the design, presentation and/or configuration of Love Isdin, and may include new, or remove, content. ISDIN reserves the right to stop providing access, at any moment and without prior notice, to any of the content, product, or materials included in Love Isdin, without this action leading to Users compensation. In this regard, and unless otherwise provided, it shall be understood that such new content shall be governed by the provisions of the Love Isdin Terms and Conditions in force at that time.
The use of the Love Isdin section on the website implies acceptance of these Love Isdin Terms and Conditions as well as all other conditions to which the IsdinLover is subject, such as the Terms and Conditions of Sale and the Terms of Use, and in particular the Privacy Policy and Cookie Policy.
These Love Isdin Terms and Conditions are applicable as of their posting on ISDINs website. Each access and/or registration in Love Isdin is governed by the Love Isdin Terms and Conditions applicable on the date of registration (or, in the case of a Guest, on the date of access). For this reason, the IsdinLover must read the Love Isdin Terms and Conditions before using the website. As proof of their knowledge and acceptance, the IsdinLover must click the I have read and accept the Terms and Conditions and I have reviewed and understand the Privacy Policy button if they agree, once selected, to access all Love Isdin content.
The procedures for using Love Isdin are those described in these Love Isdin Terms and Conditions, as well as any other specific procedures that may be indicated on the screen while browsing, so that the IsdinLover declares that he/she is aware of and accepts these procedures as necessary for using Love Isdin. The most updated version of the Love Isdin Terms and Conditions will always be available in the Love Isdin Terms and Conditions website section and in the IsdinLover profile in the App.
Love Isdin is presented as a personalized platform whose content and functionalities are designed to adapt to each type of IsdinLover and to offer and/or show different actions, challenges, products and Experiences that could be of interest to them, including access to each of them, which will be duly detailed on the Love Isdin platform. Likewise, the Love Isdin loyalty platform is presented in a personalized manner for its users so that when browsing the same, ISDIN may personalize the content shown in a manner adjusted to their preferences and interests, offering them experiences and functionalities in accordance with the same. In this regard, we may draw up a profile based on the data that ISDIN has on your activity, including information provided by you (age, gender, skin type, skin care habits, hobbies), as well as other information derived from participation in Love Isdin experiences, beauty routines, browsing habits and preferences for consumption of ISDIN products, so that they can be consulted together and allow ISDIN to show you the activities in a way that is adapted to your interests. This functionality is essential for the proper use and exploitation of the platform.
ISDIN may make available to IsdinLovers the virtual assistant LYS (hereinafter LYS), which incorporates generative artificial intelligence that may be updated and constantly learning, and provides general recommendations about ISDIN products based on information provided by IsdinLovers. ISDIN reserves the right to modify the type of recommendations or information that LYS may provide to IsdinLovers at any time in accordance with applicable law. LYS' responses may not always be accurate, as they are based on patterns and probabilities based on available data.
The recommendations provided by LYS are not a substitute for professional medical advice so if the IsdinLover has any medical condition, pathology or specific skin and/or health concerns, we recommend that he/she consult a dermatologist or other qualified health professional.
Any type of query, as well as all those related to adverse events, may continue to be formulated through any of the means of contact provided in sections 8 and 10 of the Terms and Conditions of Sale or section 1 of the Love Isdin Terms and Conditions.
Furthermore, ISDIN informs that LYS has been designed and developed (i) in accordance with the principle of privacy and security by design and by default, (ii) to further ensure that LYS is at all times susceptible to human supervision, thus complying with the duty of due diligence and (iii) integrates appropriate technical and organizational measures in an effective manner. All information collected in discussions with LYS complies with current privacy regulations and the highest security standards. For more information on the processing of personal data IsdinLover can consult the Privacy Policy.
In this regard, ISDIN is not responsible for: (i) any conversational content created by LYS; (ii) any defects that LYS may have prior to being made available to the IsidnLover since LYS has been developed using third party technology; (iii) any defects in development or arising from updates to the LYS software; (iv) errors or bugs arising from the use of LYS; (v) information provided by IsdinLover to LYS; (vi) IsdinLover's expectations or results expected by IsdinLover in using LYS; (vii) actions or omissions, i.e. decisions made by IsdinLover based on recommendations from LYS.
In this regard, ISDIN will use its best efforts to ensure the availability and operability of LYS. ISDIN further warrants that LYS complies with applicable law and regulations.
ISDIN reserves the right at all times to modify and/or disable LYS at any time and without prior notice to IsdinLover. ISDIN may deny IsdinLover access to LYS in the event of any conduct that, in the opinion of ISDIN, is contrary to current legislation, morality, order, good customs or the internal rules of ISDIN or its collaborators, or that may disrupt the proper functioning of LYS and/or the image, credibility and/or prestige of ISDIN or its collaborators.
In addition, ISDIN reserves the right to make transcriptions and store them electronically after the conclusion of a conversation in order to comply with its legal obligations.
Earning Points
Through Love Isdin, the IsdinLover can earn points in the following ways:
2.1.) Earning points for scanning an ISDIN QR (hereinafter referred to as QR Points):
The award of the QR Points will occur when the IsdinLover has legitimately purchased a qualifying ISDIN product, using an authorized credit or debit card, that contains a valid QR code on its packaging or package (that has not been previously scanned) or when they scan an ISDIN QR inserted in any communication campaign carried out by ISDIN and that, once scanned, directs them to the website www.isdin.com/usand/or App and that has been successfully registered following the instructions on the website and/or App.
In those cases where the purchased product does not contain the QR code on its packaging, the IsdinLover may send, within two (2) months of the purchase of the product, an email to consumercare.us@isdin.com requesting the awarding of the points corresponding to the purchased product, along with a photograph of the product and the purchase ticket showing the date of purchase thereof.
The number of QR Points awarded will vary depending on the product purchased by the IsdinLover and/or the communication campaign into which the scanned ISDIN QR is inserted. In the case of QR Points included on the product packaging, the product/point equivalence is available within each of the ISDINs product description on the Website and/or App.
Each ISDIN QR code included on the packaging of the product in question may only be used once. If the QR code is invalid after reading, the instructions on the website must be followed. In any other case, the IsdinLover may contact ISDIN via an email sent to the following address consumercare.us@isdin.com.
In addition, Love Isdin makes available to the IsdinLover the possibility of obtaining bonus points and/or multiplying, according to the requirements and conditions that will be established, the QR Points obtained after scanning an ISDIN product through the use and redemption of coupons, which will be generated, in each case, under the conditions that ISDIN determines and which may vary over time.
In this sense, ISDIN offers a new functionality through Love Isdin, called Coupons that will allow the IsdinLover, in certain cases and after compliance with the requirements that each Coupon establishes (e.g., validity period, product to be scanned, number of points to multiply, etc.), to earn bonus points and/or multiply the QR Points that correspond to a certain product in its user account.
There will be different categories and requirements for use of each of the Coupons and they may be modified unilaterally by ISDIN, informing users through the website and/or App itself of the requirements for obtaining and redeeming/redeeming each Coupon.
2.2.) Earning points for participation in certain actions (hereinafter, Love Isdin Action Points):
The awarding of these Love Isdin Action Points will occur when the IsdinLover has participated in and completed those actions, challenges, activities that entitle the awarding of points (hereinafter, Love Isdin Action), and that are thus referenced on the Love Isdin itself. The number of Love Isdin Action Points allocated will vary depending on each Love Isdin Action in which they participate. Isdin will define and advertise through the Love Isdin section itself and, prior to the IsdinLovers participation in the Action, the number of Love Isdin Action Points to be allocated for each Love Isdin Action.
ISDIN reserves the right at any time to modify the points earning systems and must communicate this to the IsdinLovers through the modification and publication of these Terms and Conditions.
The IsdinLover may redeem points in accordance with the provisions of point 4 of these Love Isdin Terms and Conditions.
Hereinafter, the QR Points and Love ISDIN Points are collectively referred to as Love Isdin Points.
Point redemption
Points earned through Love Isdin will be redeemable only through the website and/or App and under the Love Isdin Terms and Conditions, which must be accepted by the IsdinLover at the time of registration with Love Isdin in order to redeem points.
Points will be redeemable for Love Isdin Experiences (for example, without limitation, Love Isdin Experiences could consist of educational and informational actions, ISDIN products, participation in events, the achievement of certain benefits related to skin care and wellness, discounts for the purchase of ISDIN products, etc.). The Love Isdin Experiences will be subject, where appropriate, to their own specific conditions, which will be made known to the IsdinLovers in each specific case. The IsdinLover may have to pay shipping costs for obtaining Love Isdin Experiences, which will be communicated to the IsdinLover during the order review process before confirming and placing the order. Delivery charges may vary depending on the shipping method chosen.
ISDIN reserves the right to decide at any time the Love Isdin Experiences for which points earned through Love Isdin can be redeemed.Likewise, ISDIN reserves the right to request additional information from you to verify your legitimate purchase of a qualifying ISDIN product. ISDIN further reserves the right to limit the total number of units of ISDIN products that may be redeemed by the IsdinLover if ISDIN reasonably finds or believes that the redemption of points by a User is fraudulent or not tied to a legitimate purchase.
Love Isdin Points will only be valid for the IsdinLover who generated them and may not be transferred or redeemed by third parties, and the sale of Love Isdin Points or Love Isdin Experiences is expressly prohibited, as well as the use of Love ISDIN for profit purposes. To this regard, we recall to all IsdinLovers that the credentials for accessing to the website and/or App are non-transferrable and confidential, therefore, under no circumstances will be ISDIN liable for their loss or theft, nor either for a non authorized third party redeeming the QR Points.
Love Isdin Points and Experiences are not redeemable for cash or virtual money or for any other type of asset. Love Isdin Experiences may not be shared with third parties or transmitted free of charge or for profit to third parties. ISDIN will be exempt from any liability (i) that may arise from the possible errors existing in the data provided by the IsdinLover in the event that their identification or location is not possible, (ii) as well as from any misuse of the points and Love Isdin Experiences by the IsdinLover. Likewise, IsdinLovers will be entitled exclusively to the enjoyment of the Love Isdin Experience obtained as such, without in any case being able to request any financial consideration in the event of a waiver of said Love Isdin Experience.
ISDIN will be exempt from any obligation or compensation to participants, or from any liability, if, due to force majeure, by legal imperative, or for any other cause not attributable to or beyond ISDINs control, the Love Isdin Experience is suspended or annulled, in whole or in part. In any case, any suspension or annulment would be duly communicated to the IsdinLovers affected by such suspension or annulment. As a result, the IsdinLover will not be entitled to any financial or non-financial compensation.
In any case, the use of the points for purposes other than those provided for in these Love Isdin Terms and Conditions (i) may entail the annulment of the accumulated points; (ii) will in any case exempt ISDIN from any liability to IsdinLover and to any third party, ISDIN also reserving all actions corresponding to them in Law.
Love Isdin Experiences accessible through the use of Love Isdin Points and payment of a price in U.S.A dollars ($).
As indicated in Clause 1 of these Terms and Conditions, certain Love Isdin Experiences may be enjoyed by the IsdinLover only by redeeming Love Isdin Points together with the payment of the price in US Dollars ($) that is reflected in each of these Love Isdin Experiences (hereinafter Love Isdin Experiences Flexible Payment).
The price of the Love Isdin Flexible Payment Love Isdin Experiences with points and U.S.A dollars ($) indicated in Love Isdin includes all applicable taxes and fees.
ISDIN reserves the right to modify the price of the Love Isdin Experiences Flexible Payment, without this modification affecting orders already confirmed by ISDIN.
4.1.) Payment methods for Love Isdin Love Isdin Experiences Flexible Payment:
Payment of the portion of the price in U.S.A dollars ($) of the Love Isdin Experiences Flexible Payment may be made by any of the following payment methods:
(a) by credit or debit card (VISA, Mastercard or American Express) through our secure card payment platform.
The IsdinLover will bear any charges that may be applied to you by your credit or debit card issuer, your bank or other payment institution as a result of the processing of the Love Isdin Flexible Payment Experience. If ISDIN is unable to process your payment for any reason, ISDIN will inform you and cancel your order, without any liability whatsoever. The provisions of section 5 of the Terms and Conditions of Sale shall apply to the IsdinLover.
4.2.) Delivery of the Love Isdin Experiences Flexible Payment:
The Love Isdin Flexible Payment Experiences purchased through Love Isdin will be delivered exclusively in the US. Love Isdin Flexible Payment Experiences will be delivered by the transport and/or courier service company contracted by ISDIN (hereinafter, the Courier). The Courier will deliver the Love Isdin Love Isdin Flexible Payment Experiences in accordance with the Shipping Policy available at the following link.
4.3.) Refund policy regarding Love Isdin Flexible Payment Experiences:
The IsdinLover may request to ISDIN to return, in whole or in part, from the contract or from the terms and conditions, if any, formalized with ISDIN in the Love Isdin Flexible Payment Experiences within a maximum period of thirty (30) calendar days from the date of receipt thereof (hereinafter, the Return Period).
IsidnLovers cannot apply to return Love Isdin Love Isdin Flexible Payment Experiences customized orders or to orders of Experiences with respect to which ISDIN duly informs the IsdinLover during the order review process, prior to confirming and placing your order, that the return period does not apply, in accordance with the applicable regulations.
In order to exercise the return period, the IsdinLover must inform ISDIN of his/her decision to by means of the contract within the Return Period by e-mail to consumercare.us@isdin.com, sending ISDIN a communication stating his/her unequivocal desire to return them from the contract and including the following information: name, home address, order number and, where applicable, Love Isdin Experiences Flexible Payment in respect of which he/she wishes to return them.
After communicating to us your decision to return from the contract or from the terms and conditions, if any, by the IsdinLover, the IsdinLover must return the Love Isdin Flexible Payment Experiences to us within a maximum period of fourteen (14) calendar days from the day, following the instructions in section 4.5 of these Love Isdin Terms and Conditions.
ISDIN will reimburse the IsdinLover for the price of the Love Isdin Flexible Payment Experiences being returned, unless the IsdinLover has not complied with the return conditions set out in section 4.5 of these Love Isdin Terms and Conditions.
ISDIN will proceed with the refund using the same payment method that the IsdinLover used to make the payment of the price of the Love Isdin Experience Flexible Payment, within a maximum period of fourteen (14) calendar days from the date on which ISDIN received the Love Isdin Experience Flexible Payment subject to return or until the IsdinLover has provided proof of the return of the products, whichever condition is met first.
4.4) Legal warranty and lack of conformity of Love Isdin Flexible Payment Experiences.
The right of withdrawal described in section 4 of these Love Isdin Terms and Conditions does not affect the IsdinLover's rights in respect of defective products or lack of conformity, in which case ISDIN will return the defective product in question to the IsdinLover. For clarification purposes, ISDIN is not liable for any damage, alterations or modifications to the products caused by the IsdinLover and/or attributable to misuse of the product included in the Love Isdin Flexible Payment Experience.
In the event of detecting any defect or lack of conformity of the delivered product, the IsdinLover must contact ISDIN customer service by sending an e-mail to consumercare.us@isdin.com.
In the event of an adverse reaction, the IsdinLover should contact ISDIN through the web form Report adverse reaction found at the following web address.
4.5.) Returns of the Love Isdin Flexible Payment Experiences:
The Love Isdin Love Isdin Experiences Flexible Payment object of return must be returned in the same condition in which they were at the time of delivery. For illustrative purposes, the products must be returned unused, undamaged and unsealed, with their original packaging and labeling, and with all related accessories and documents, as well as without having made use of the QR inserted in the product or having obtained the corresponding points.
Returned Love Isdin Pago Flexible Payment Experiences that do not meet the conditions set forth in this section will not be accepted by ISDIN and will be returned to the address notified to exercise the right of withdrawal by the IsdinLover or, failing that, to the address indicated when the order was placed by the IsdinLover. ISDIN will contact the IsdinLover and return the products to the IsdinLover within a maximum period of thirty (30) calendar days from the date of communication of the rejection of the return of the Love Isdin Flexible Payment IsdinLover Experiences to the IsdinLover.
To return the Love Isdin Love Isdin Flexible Payment Experiences, the IsdinLover may do so in the following manner:
- Return at a collection point: the IsdinLover must pick up the products he/she wishes to return and put them back in the original packaging or package; attach the label we will provide with the pre-printed postal address on the package; and deposit his/her package at the collection point. You can check this link for the nearest collection point. If you have lost the label, please contact ISDIN customer service.
Once the products have been received, ISDIN will send you a confirmation email. For clarification purposes, this confirmation email does not constitute acceptance of the return by ISDIN, which is subject to compliance with the provisions of this section.
Expiry of Love Isdin points
Points earned through Love Isdin during the calendar year (1 January to 31 December) will expire on 31 October of the calendar year following the year they were earned, without the expiry of the points granting any right to the IsdinLover.
Love ISDIN Community Terms and Conditions acceptance
Access to and registration in Love Isdin by the IsdinLover implies the unreserved acceptance of these Love Isdin Terms and Conditions, and in particular thePrivacy Policy and the Cookies Policy.
ISDIN may offer temporary promotional services or actions through Love Isdin that will be subject, where appropriate, to their own particular conditions, which will be made known to the IsdinLovers in each specific case.
These Love Isdin Terms and Conditions are applicable as of their posting on Love Isdin, therefore, the website. Each access and/or registration in Love Isdin is governed by the Love Isdin Terms and Conditions applicable on the date of registration or subsequent acceptance of these Love Isdin Terms and Conditions (or, in the case of unregistered IsdinLovers, on the date of access). For this reason, the IsdinLover must read the Terms and Conditions before using Love Isdin.
The procedures for using Love Isdin are those described in these Terms and Conditions as well as those other specific procedures indicated on the screen during browsing, so that the IsdinLover declares that they know and accept said procedures as necessary for the use of Love Isdin. The current version of the Terms and Conditions will always be available in the Love Isdin Terms and Conditions section.
ISDIN reserves the right to decide at any time the content offered through Love Isdin. In this way, ISDIN may, at any time and without prior notice, modify the design, presentation and/or configuration of Love Isdin and may even include new content. In this regard, and unless otherwise provided, it will be understood that such new content will be governed by the provisions of the Terms and Conditions in force at that time. In addition, ISDIN reserves the right to stop providing access, at any time and without prior notice, to any of the content contained in Love Isdin.
Term and Termination of Love Isdin
These Terms and Conditions shall have an indefinite duration.
The IsdinLover may request, at any time and without needing to specify the reason, the termination of his/her registration with Love Isdin by sending an email to consumercare.us@isdin.com. The voluntary request for deregistration, as well as the request for consent withdrawal and/or cancellation of his/her personal data from ISDINs information systems, will entail the deletion of the account in question and of all the points obtained by the IsdinLover, as well as of all the information collected and stored. Notwithstanding the foregoing, the IsdinLovers personal data will remain blocked in our systems for the legally established periods. For more information on data retention periods, please refer to the Privacy Policy.
Without prejudice to the provisions of the preceding paragraphs, ISDIN may suspend or definitively cancel the IsdinLovers registration, immediately and without prior notice, as a result of improper use of Love Isdin or in the event of serious breach of any other obligations contained in these Love Isdin Terms and Conditions. In this event, ISDIN will eliminate all the points accumulated to date without being able to request their exchange.
In this regard, ISDIN may temporarily block the account of an IsdinLover in those cases in which there are indications of non-compliance with its obligations or misuse of Love Isdin, which may be reinstated once ISDIN has been able to verify that the facts do not entail suspension from Love Isdin.
Validity and Integrity
The declaration of nullity or invalidity of any provision contained in these Love Isdin Terms and Conditions shall not affect the validity and effectiveness of the remaining provisions, which shall remain in full force and effect.
ISDINs waiver of any provision of these Love Isdin Terms and Conditions shall not be construed as a waiver of any other provision of these Love Isdin Terms and Conditions.
These Love Isdin Terms and Conditions constitute the entire agreement between the parties, superseding any prior written or oral agreement, understanding, affirmation, representation, negotiation or intended agreement relating to this subject matter.
Personal Data
The IsdinLover is informed that the personal data provided by him/her will be processed in accordance with ISDINsPrivacy Policy and Cookie Policy.
IsdinLovers information veracity
All information provided by the IsdinLover through Love Isdin must be truthful. For these purposes, the IsdinLover guarantees and assumes responsibility for: (i) the truthfulness and accuracy of the personal data communicated; (ii) that the scanning of ISDIN products that include QR codes, which have been legitimately purchased through legitimate purchase channels, making the IsdinLover win points, are for the IsdinLover's personal use. In any case, ISDIN reserves the right to request proof of purchase of the ISDIN product from the IsdinLover during the month following the scanning of the ISDIN product. In this regard, ISDIN may delete without prior notice those accounts that contain false information or that in one way or another do not reflect the real identity of the IsdinLover, without prejudice to any other actions that may be applicable by law. Likewise, in cases where ISDIN is unable to verify the legitimacy of the points obtained by the scanning of the QR contained within the ISDINs product, and/or in the event of an abnormally high number of transactions in the same day and/or in several days, ISDIN reserves the right to block all functionalities associated with Love Isdin and the user account- including the possibility of making purchases on ISDIN e-commerce from the Users account (the "Guest" mode of purchase will be available) - as well as to block and cancel the shipment of the order and any redemption of points and Love ISDIN Experiences. ISDIN will reimburse the User for the points redeemed.
Likewise, it shall be the IsdinLover's responsibility to keep the information provided up to date.
Love Isdins Correct Use
IsdinLover shall refrain from issuing denigrating or defamatory messages, as well as from engaging in any other conduct that is offensive, contrary to the law, morality, public order or that could in any other way harm or cause damage to the image of the products marketed by ISDIN or companies in its group, within Love Isdin as well as in LYS. In particular, and without being exhaustive, IsdinLover shall refrain from making any statements or conduct that could be classified as racist, offensive, defamatory, violent or aggressive or that could in any way negatively affect the image and reputation of the brands or products of ISDIN or companies in its group.
Any repeated or serious infringement of the Love Isdin Terms and Conditions described above, as well as any infringement of the provisions of the preceding paragraph, will entail the loss of the right to access and use Love Isdin, and ISDIN reserves the right to take any legal action to which it may be entitled by law.
In this regard and without prejudice to the foregoing, ISDIN reserves the right to automatically remove from the IsdinLover registry all points that have been obtained by actions that violate the correct use of Love Isdin, as set forth in these Love Isdin Terms and Conditions.
Love Isdin may be accessed outside U.S.A. and used in any country or jurisdiction as long as its use is not contrary to laws or regulations in force at any given time, without prejudice to the fact that the Love Isdin Experiences may only be enjoyed in U.S.A. territory, in accordance with the provisions of point 3 of these Love Isdin Terms and Conditions. Notwithstanding the foregoing, Love Isdin is designed to be used by any natural person who complies with and accepts these Love Isdin Terms and Conditions.
Third Party Links
12.1. Links to other websites
This Website and/or App may contain links to other eebsites not owned or maintained by ISDIN. These Love Isdin Terms and Conditions refer solely to Love Isdin, and do not apply to links or third party websites accessible through Love Isdin.
In the event that Love Isdin has links or hyperlinks to other Internet sites, ISDIN shall not exercise any control over these sites and contents. Under no circumstances will ISDIN assume any responsibility for the contents of any link belonging to an external website, nor will it guarantee the technical availability, quality, reliability, accuracy, comprehensiveness, truthfulness and validity of any material or information contained in the head of the hyperlinks or other Internet sites.
These links are provided solely to inform IsdinLover of the existence of other sources of information on a particular subject, and the inclusion of a link does not imply endorsement of the linked website by ISDIN.
We encourage you to be aware when you leave our Website and/or App and to read the terms and conditions and privacy statements of each and every website that you visit. We are not responsible for the practices or the content of such other websites. In the event of accessing and browsing through third party websites, the user is subject to those third parties policies. ISDIN shall not be responsible for those third party websites.
12.2. Other websites links that lead to Love Isdin
Links to Love Isdin placed on third party web pages or services must comply with the following conditions: (a) the link will only allow access to Love Isdin but may not reproduce Love Isdin or parts thereof in any form, (b) it is not permitted to link to sections of Love Isdin other than those which are public; c) it is not permitted to create a browser or border environment on the Love Isdin sections, nor may Love Isdin be modified in any other way, d) it is not permitted to make false, inaccurate or incorrect statements or indications about Love Isdin and/or, in particular, to state or imply that ISDIN has authorized the link or that it has supervised or assumed in any way the contents made available on the web page on which the link is established, e) except for those signs that are part of the link itself, f) the web page on which the link is established may not contain any trademark, logo, slogan or other distinctive signs of ISDIN) the web page or the service on which the link is offered shall not contain information or content that is illicit, contrary to generally accepted morals and good customs and public order, nor shall it contain content contrary to any third party rights, including intellectual and industrial property rights and/or the right to honor, to personal or family privacy or to one's own image or any other right of third parties, nor shall it contain any content that is contrary to the rights of third parties, including intellectual and industrial property rights and/or the right to honor, to personal or family intimacy or to one's own image or to any other right of third parties.
In the event that a link is included to Love Isdin that allows the contents of the same to be reproduced, these contents may not mislead, confuse or deceive Users as to the origin of the contents of Love Isdin, nor may they constitute an act of unfair comparison or imitation or take advantage of the reputation of ISDIN.
ISDIN has neither the power nor the human and technical means to know, control or approve all the information, contents, products or services provided by other websites or services that have established links to Love Isdin. In this sense, ISDIN assumes no responsibility whatsoever for any aspect relating to the website or service that establishes such a link, specifically, but not limited to, its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its contents in general.
We encourage you to be aware when you leave our Website and to read the terms and conditions and privacy statements of each and every website that you visit. We are not responsible for the practices or the content of such other websites. In the event of accessing and browsing through third party websites, the user is subject to those third parties policies. ISDIN shall not be responsible for those third party websites.
Intellectual and Industrial Property Rights
13.1. Intellectual Property
Love Isdin, Lys and its content (including, but not limited to, software, content, copyright, trademarks, distinctive signs, trade names, graphic design, source code, logos, texts, graphics, illustrations, domain names, photographs, and any other material subject to protection, etc.), unless otherwise indicated, are the exclusive property of ISDIN or ISDIN has the corresponding license from third parties and are protected by current intellectual and industrial property regulations.
ISDIN does not grant any type of license or authorization of use to the IsdinLover on its intellectual and industrial property rights or on any other right related to Love Isdin and/or LYS and the services or content offered therein beyond what is necessary for the use of Love Isdin subject to the Love Isdin Terms and Conditions.
Therefore, the IsdinLover recognizes that the creation of derivative works, as well as the reproduction, distribution, commercialization, transformation, public communication and, in general, any other form of exploitation, by any procedure, of all or part of the contents of Love Isdin and/or LYS for purposes other than the consented use of Love Isdin and/or LYS, constitutes an infringement of the Intellectual and/or Industrial Property rights of ISDIN or the owner thereof and may give rise to the exercise of any judicial or extrajudicial actions that may correspond in the exercise of their rights. Therefore, the User commits not to copy, distribute, modify or make derivative works of any materials without the prior written consent of ISDIN except as expressly set forth in these Terms of Use, no license is granted to the User and no rights are conveyed by virtue of accessing or using the Website and/or App. All rights not expressly granted under these Terms of Use are reserved by ISDIN.
Therefore, the User acknowledges and agrees that LYS, the Website and/or App is provided under license, and not sold, to the User and its use. The User does not acquire any ownership interest in the Website under these Terms of Use, or any other rights other than to use the Website in accordance with the license granted, and subject to all terms, conditions, and restrictions under these Terms of Use. We grant to the User a limited, personal, non-commercial, non-exclusive, revocable, non-assignable, and non-transferable license to access (but not through scraping, spidering, crawling, or other technology or software used to access data) and display any content (excluding any software code) solely for his/her personal use in connection with accessing and using LYS, the Website and/or App as reasonably necessary to use it for its intended purpose. user may not insert any code or product to manipulate LYS, the Website and/or App.
Nor in its totality nor partially, LYS and the Love Isdin content may be systematically extracted or reused without the express written consent of ISDIN, regardless of the means of extraction, including content extraction tools or robots.
ISDIN reserves the right to request collaboration from the IsdinLover to verify the genuineness and veracity of the ISDIN products purchased by the IsdinLover in order to assist in the best defense of its legitimate rights and interests as the manufacturer of the ISDIN products.
In the event of sharing or publishing on Love Isdin any content that is protected by intellectual or industrial property rights, whether its own or those of third parties, or that shows the image, voice or name of identifiable persons, whether that of IsdinLover itself or of third parties, IsdinLover guarantees that it holds the necessary rights and/or authorizations to grant ISDIN a free and indefinite license to use such content peacefully in online and/or offline media at a promotional level and/or for the purposes indicated in each case, worldwide and without limitation in time.
13.2. No Ideas Accepted
ISDIN does not accept any unsolicited ideas from outside the company including without limitation suggestions about advertising or promotions, or merchandising of any products, additions to our services, or changes in methods of doing business. ISDIN may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy, the User submits an unsolicited idea to this Website and/or App, he/she understands and acknowledges that such idea is not submitted in confidence and ISDIN does not assume obligation, expressed or implied, by considering it. The User further understands that ISDIN shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to us. Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, and or to the extent necessary for ISDIN to utilize your submission, the User hereby grants to ISDIN an irrevocable, perpetual, world-wide license to use the idea and any associated intellectual property in any manner, in any medium now known or hereafter developed, without compensation to the User.
Modifications to Love ISDIN Community Terms and Conditions
ISDIN reserves the right to unilaterally modify these Love Isdin Terms and Conditions at any time for legal reasons, due to technical reasons and/or changes in Love Isdin or in regulations or corporate decisions.
If any update to these Love Isdin Terms and Conditions affects the use of Love Isdin or the IsdinLover's legal rights as a user, ISDIN must notify the IsdinLover prior to the effective date of the update with the IsdinLover's account. These updated Terms and Conditions shall become once published on the Website and/or App.
If an IsdinLover does not agree to ISDIN's updates to the Terms and Conditions, IsdinLover must cancel his or her Love Isdin account prior to the effective date of the updated Terms and Conditions. If the IsdinLover continues to use the Website and/or App, obtaining points, exchanging points and enjoying Love Isdin Experiences or accessing the Website and/or App after the updates become effective, the IsdinLover will be legally bound by the updated Love Isdin Terms and Conditions.
All modifications to these Terms and Conditions will be posted "online".
Access to Love Isdin
ISDIN makes every effort to ensure the accessibility of Love Isdin, but is under no obligation to do so.
ISDIN warns that for maintenance and updating purposes, as well as for other reasons, especially of a technical nature, access to Love Isdin may be interrupted. ISDIN accepts no responsibility in any case for such interruptions or for the consequences that these may have for the IsdinLover, although it will try, as far as possible, to minimize the inconvenience caused by these operations.
In any case, ISDIN undertakes to do everything in its power to offer quality content and services, competent and adapted to the standard computer systems present on the market, although in no case does it guarantee the absence of errors, defects or design flaws that may make their use and/or installation impossible. ISDIN shall in no event be held liable for any direct or indirect consequences and/or possible damage caused by defects and/or hacking of these programs.
Responsibility
ISDIN shall not be liable for any delay or failure to perform its obligations if such delay or failure is due to circumstances beyond ISDIN's reasonable control.
Except as otherwise expressly provided in these Love Isdin Terms and Conditions, ISDIN's liability is strictly limited to the correct operational functioning of Love Isdin.
THEREFORE, WHILE ISDIN USES REASONABLE EFFORTS TO INCLUDE UP-TO-DATE INFORMATION ON LOVE ISDIN, EXCEPT FOR THE EXPRESS WARRANTIES STATED ON LOVE ISDIN, ISDIN MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF INFORMATION ON THE WEBSITE AND/OR APP. TO THE FULLEST EXTENT PERMITTED BY LAW, THE USERS USE OF THE WEBSITE IS AT HIS/HER OWN RISK. LOVE ISDIN, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED "AS IS" AND ISDIN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON IT. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ISDIN DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ISDIN DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED AS SOON AS POSSIBLE, OR THAT LOVE ISDIN OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, ISDIN SHALL NOT BE LIABLE FOR ITS USE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
IN NO EVENT WILL ISDIN SHALL BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR, AMONG OTHERS, ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ISDIN BE LIABLE OR FOR ANY DIRECT DAMAGES ABOVE WHAT YOU PAID TO COMPANY FOR PRODUCTS AND SERVICES, AND/OR ANY OTHER DAMAGES RESULTING FROM THE USER'S USE OF THE WEBSITE, EACH OF WHICH, TO THE FULLEST EXTENT PERMITTED BY LAW, IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
MOREOVER, UNDER NO CIRCUMSTANCES SHALL ISDIN BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (EVEN IF ISDIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM ANY ASPECT OF YOUR USE OF LOVE ISDIN, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED THEREFROM; OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS OR DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, COMMUNICATIONS, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO SERVICES WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF LOVE ISDIN, FROM THE INABILITY TO USE LOVE ISDIN, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF LOVE ISDIN, SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH LOVE ISDIN OR ANY LINKS ON THE SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
Users agree to indemnify, defend and hold harmless, among others, ISDIN, its employees, directors, officers, agents, business partners, affiliates, contractors, distribution partners and representatives from and against any and all claims, demands, liabilities, costs or expenses, including attorneys fees and costs, arising from, or related to (i) the Users use of the Website, (ii) any breach by you of any of these Love Isdin Terms and Conditions, (iii) any violation of applicable law; (iv) use of the Website in regards to third parties by means of the users user and password.
Governing Law and Dispute Resolution
Please note that, the laws of other countries may differ regarding the access and use of the Website and/or App. We make no representations regarding the legality of this Website in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A.