Terms & Conditions
WeBeat US - Terms and conditions
ISDIN Terms and Conditions
INDEX
1. Terms and Conditions of Use
2. Terms and Conditions of Sale
3. Love ISDIN Community Terms and Conditions
TERMS AND CONDITIONS OF USE
1. Corporate identification data
You are visiting https://www.isdin.com/uswebsite (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.
1. 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 ona temporary basis - that may be subject to their additional
terms and conditions (collectively, the Additional Terms),
which will be available for users on a case-by-case basis. Inthe event that the Additional Terms do not govern a specificmatter, 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 businessneeds and interests, without being necessary a prior noticeto 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 publicby the health authorities may only be accessed by users
who are professionals in the health sector. Any reference onthe Website or in the App in relation to prescription drugs
and/or medical devices that do not have prior authorizationfor advertising to the public by the health authorities shall
only apply to healthcare professionals and, therefore, userswho are not healthcare professionals shall not access suchcontent (for illustrative purposes, non-professional users
shall be deemed to be the Guest, and Users in accordancewith the definitions described below).
The different types of users that will be able to access the
Web and the App are:
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.
1. 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 2 / 33
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.
2.1 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.
2.2. 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.
1. 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. 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.
5. Third Parties Links
5.1) 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.
5.2) 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.
6. Intellectual and Industrial Property
6.1. 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.
6.2. 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 toconsumercare.us@isdin.comwith all of the following information:
a. 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;
b. 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);
c. Information reasonably sufficient to permit us to
contact you, such as an address, telephone number,
and, if available, an email address;
d. 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;
e. 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
f. Your physical or electronic signature.
7. 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.
7.1. 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.
7.2. 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.
7.3. 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.
8. 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.
9. 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.
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 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.
10.2. 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
1. 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 11 / 33
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.
1. 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.
1. 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.
1. 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.
1. Payment Methods
The payment of the price for the ISDIN products can be
made by means of any of the following payment methods:
a. Credit or Debit card (VISA, Mastercard or American
Express) by means of our secure payment card
platform;
b. Paypal.
c. 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.
1. 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.
1. 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.
1. 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, 14 / 33
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.comwithin 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.
1. 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 herehttp://www.isdin.com/us/contact_us.
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.
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 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.
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.
10.2. 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.
LOVE ISDIN COMMUNITY TERMS AND CONDITIONS
1. 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.isdin.com/usand 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 thePrivacy Policyand 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.
1. 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 toconsumercare.us@isdin.comrequesting 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
addressconsumercare.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.
1. 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.
1. 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.
1. 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.
1. 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
Policyand theCookies 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.
1. 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
toconsumercare.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 thePrivacy 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.
1. 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.
1. Personal Data
The IsdinLover is informed that the personal data provided by him/her will be processed in accordance with
ISDINs Privacy Policyand Cookie Policy.
1. 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.
1. 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.
1. 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.
1. 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.
1. 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".
1. 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.
1. 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.
1. Governing Law and Dispute Resolution
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/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.
here