Loyalty Program – Terms and Conditions

By creating an account and joining our Loyalty Program (hereinafter the “Program”) and becoming a program member under the conditions herein, you (referred to as “you,” “your,” or “member”), agree that you have read, understood and agreed to be bound by these Loyalty Program terms and conditions of participation (hereinafter the “Loyalty Terms”) and by any changes or modifications that Blue Lagoon USA Inc.[ÁKK1]  (hereinafter “we”) may make from time to time. We will reflect the last date of any update at the bottom of the page of these Loyalty Terms. You acknowledge and understand that the processing of your personal information within this Program will be in accordance with our Privacy Policy. You also agree to our general Terms and Conditions which are available here.

We may in our sole and absolute discretion review, change, cancel or modify any aspect of the Program and/ or any Program benefits, as described below, without any notice. In such a case, the last version Loyalty Terms will immediately apply to you. In any case, these changes will not affect the Program benefits acquired until the revision of the Program. These Loyalty Terms do not alter in any way the terms or conditions of any other agreement you may have with us, including the aforementioned general Terms and Conditions applicable to the sale of our products or services. If you do not agree to these Loyalty Terms, our Privacy Policy and our Terms and Conditions, you cannot participate in the Program. The Program is void where prohibited by law.

If you have any questions regarding the Program, please contact customer services at [email protected] or through your account settings.

1. Membership Eligibility

The Program is offered at the sole discretion of Blue Lagoon USA Inc. (“Blue Lagoon USA”, “we”, “our” or “us”), a company registered in USA, with its office address at 141 EAST BOSTON POST ROAD, Mamaroneck, NY 10543, USA.

The Program is available to individuals for their personal and domestic use only and is limited to one account per individual. Corporations, associations or other groups may not participate in the Program. Individuals are defined as - legal residents of one country where our products are available for sale acting as consumers who are at least 18 years of age, or have reached the age of majority in their respective jurisdistion if that is older than 18, and who provide and maintain a valid email address. No purchase is necessary to join the Program. The Program may not be used for any business or commercial purpose. At our discretion, we may refuse to create an account without having to give any reason. Employees and individuals employed by our business partners or vendors are eligible for membership for personal and domestic use only but may be excluded from certain benefits of the Program in our sole but reasonable discretion.

2. Program Enrolment

Eligible individuals as defined above may enroll in the Program by visiting https://skincare.bluelagoon.com/us/customer/account/ (the “Site”) to create an account and register for the Program.

Should you not wish to create an account and register for the Program, we invite you to check out as guest while shopping in our US shop at https://skincare.bluelagoon.com/.

You are required to provide your full name and email address, and to create a password in order to create an account and register. You may also have the opportunity to provide us with your mailing address, birth date and mobile phone number, however, this information is optional. You are solely responsible for maintaining the accuracy of your account information and for updating it as required. You may update your personal information within your account.

Only one Program account may be associated with a single member and a single email address. In the event of a dispute over ownership of the Program membership account, the member will be deemed to be the authorized account holder of the email address submitted at the time of enrollment. For purposes of these Loyalty Terms, the “authorized account holder” is defined as the natural person who is assigned to the submitted email address by an internet provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. We do not allow several individuals to use a single account for the purpose of accumulating Program benefits.

3. Privacy

The personal information collected from you in connection with the Program, including but not limited to purchases made in connection with your Program membership, advices or feedback given by you upon request of customer services, will be used and disclosed by us in accordance with our Privacy US Shop Policy.

4. Product Rewards and Benefits

As a member of the Program, you earn points as listed here below that determine your tier level and associated tier benefits. Points may never be redeemed for cash. You must be logged in to your account to use your benefits.

-        By creating an Account and joining our Program you receive 20 points (one time only).

-        For each US Dollar spent in our online US Shop you receive 1 point.

-        For each BL+ purchase in our online US Shop you receive 100 points[ÁKK1] .

You can redeem every 1 loyalty point you earn with us for money off a purchase exclusively in our online US Shop. Every 1 point you earn can be used as 0,1 US Dollar. You must redeem your available loyalty points within 12 months of your last purchase, or the available points will expire.

Offers and rewards are available while stocks last, and substitutions made by us in our sole discretion may occur. If your online order is not completed for any reason, any offers or rewards will be removed from your shopping basket and may no longer be available. You are not required to redeem points. We are unable to resend offers or rewards if they arrive damaged, if you received the wrong one or if one is missing from your order. If one of these events occurs, please contact customer services.

Neither accounts nor Program rewards, benefits and/or points may be transferred, shared or combined by members. Only the member paying for the products and/or services may accumulate rewards, benefits and/or points. We reserve the right to monitor the number of accounts per household and refuse, merge or close additional or duplicate accounts at any time. Your account information (including security details) is confidential and should not be shared by you with any other person.

Rewards, benefits and points earned through the Program have no cash value, are non-transferable, and you have no property rights in or to rewards or other Program benefits. Points and tier status credited to your account will be decreased or reversed, as applicable, if part or all of a purchase is returned or cancelled or if the credit is obtained through fraudulent or other activity that violates these Loyalty Terms as determined by us in our sole but reasonable discretion. The sale, barter, transfer, or assignment of any rewards benefits, or points offered through the Program, other than by us, is expressly prohibited.

Rewards cannot be exchanged or returned for points, another product or service or a monetary refund.

The products and services available through the Program and any samples that we may provide to you are for personal and domestic use only. You may not sell or resell any of the products, services, or samples you purchase or otherwise receive from us. We reserve the right, without notice, to cancel or reduce the quantity of any order to be filled and/or any products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Loyalty Terms.

We are not responsible for rewards, benefits and/or points lost or redeemed due to fraudulent activity by you or any third party.

If you have concerns that a purchase or other activity was not properly applied to your account, you should contact customer services.

Rewards can only be redeemed on the Site and for the online shop they were earnt at, and only redeemed in relation to a product purchase, unless otherwise noted by Blue Lagoon USA.

Is this one time only?

5. Membership Communications and newsletter

When you create an account, you will be offered the opportunity to sign up to our newsletter. We will only send marketing emails to you in case you sign up.

You may opt-out of receiving marketing emails at any time by following the instructions included in each communication, such as clicking on the unsubscribe link included in each email or by updating your preferences in your account . However, operational emails will still be sent to you as they relate to your membership in the Program. Operational emails include, but are not limited to, redemption confirmation emails, profile update emails, or other communications that relate to your account. For more information on managing your email preferences, please see our Privacy Policy.

6. Termination and Modification

The Program and its benefits are offered at our sole discretion. We reserve the right to change Program benefits, how you earn points and reach each Program tier and how we evaluate and reward your eligible purchases and/or other Program activity at our sole discretion at any time. We reserve the right to place limits on the number of purchases or activities that are eligible for the Program and/or for any given tier, the number or types of rewards or benefits that you may receive or earn in any given tier, in a given time period or for the duration of the Program, and/or any combination thereof. Except where prohibited by applicable law, we may, in our discretion, cancel, modify, restrict or terminate these Loyalty Terms and/or the Program or any aspect or feature of the Program at any time with reasonable prior notice to allow you to take appropriate measures regarding the Loyalty points acquired[EB1] . Changes to the Program will be set forth in these Loyalty Terms and will be effective on the date the Loyalty Terms are posted to our site (effective date reflected at the end of the Loyalty Terms). Continued participation in the Program following posting of updated or modified terms constitutes your acceptance of those terms as so updated and modified.

We reserve the right to exclude you from or to discontinue your participation in the Program and to audit your Program account at any time, in our sole but reasonable discretion. Any suspected abuse of the Program, failure to comply with any Loyalty Terms, illegal activity, fraud, misrepresentation or other conduct inconsistent with these Loyalty Terms and/or detrimental to us or our interests, including without limitation, any suspected illegal, fraudulent or other unauthorized use of any Program rewards, points, cards, credits, vouchers, coupons, gifts and/or certificates (all as determined by us in our sole but reasonable discretion), may result in the revocation of your membership and make you ineligible for further participation in the Program. If your membership is revoked, any rewards or benefits in your Program account will automatically expire and your access to the Program and features will automatically terminate. If we suspect illegal activity, fraud, misrepresentation, abuse or violation of these Loyalty Terms, we reserve the right to take appropriate legal action.

If you decide that you no longer want to be a part of the Program, you may terminate your membership in the Program at any time by contacting customer services at [email protected] or by closing your account through your account area . If you terminate your membership, you will automatically lose all accumulated points, benefits and your tier status and no longer receive Program related communications.

7. Limitation of Liability

We shall not be liable to you for the following:

a)     any failure by you to provide us with correct information and more generally any breach from you of the Loyalty terms,

b)    if we are unable to perform any of our obligations to you due to failure of any technical systems, interruption of service or delays for maintenance or other technical reasons or for any other reasons that fall under force majeure such as, but not limited to, war, terrorism, government action, natural disaster, epidemic or pandemic and industrial dispute.

c)     any damage to your device as a result of using the Site.

d)    any loss of information or unauthorized use of data arising as a result of you using encryption systems below our recommended level.

 

The disclaimers and limitations of liability in these Loyalty Terms shall not apply to any damages arising from death or personal injury caused as a result of our negligence or that of any of our employees or agents or for fraud or fraudulent misrepresentation or any liability which cannot be limited or excluded by applicable laws.

8. Governing Law – Binding Arbitration – Class Action Waiver

We control and operate our US online shop from our offices in the State of New York, United States of America, and all activities available on and through the shop are governed by the laws of the United States of America. This Program and Loyalty terms will be governed by and construed in accordance with the laws of the State of New York without regard to its conflict of laws provisions.

In the event of a dispute arising under or relating to these Loyalty Terms, either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”) in New York City, New York.  Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules www.adr.org and Procedures and in accordance with the Expedited Procedures in those rules,or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. 

You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. To the full extent permitted by law, (i) no arbitration, litigation, or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

9. Entire Agreement – Waiver

These Loyalty Terms govern our relationship with you as it relates to the Program. You confirm that, in agreeing to accept the Loyalty Terms, you have not relied on any representation except as expressly set forth in these Loyalty Terms and you agree that you shall have no remedy in respect of any such representation not included in these Loyalty Terms. Each provision of the Loyalty Terms shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in the circumstances. No waiver by us will be construed as a waiver of any proceeding or succeeding breach by you of any provision in these Terms.

Last updated: [xxxx].