Service à la clientèle

Last updated: 23 July 2024

Welcome to the Jo Malone website (the “Site”). Jo Malone Inc. (“Jo Malone London”) provides you the right to access and use the Site, including all Content, products, and services available on the Site (collectively with the Site, the “Offerings”), subject to these Terms and Conditions, our Privacy Policy (accessible here), and any additional terms referenced herein and/or terms you agree to prior to being granted access to certain areas of the Site (collectively, the “Terms”). These Terms govern your use of our Site and your conduct, irrespective of your means of access, whether from a computer, mobile phone, or other device.

This Site is operated by our affiliate ELC Online Inc. on our behalf (ELC Online Inc. operating in such capacity henceforth and herein as “Jo Malone London Online”).  In addition, Jo Malone London Online will process the orders placed through this Site and will be the merchant of record for such orders, unless otherwise indicated during the checkout process.

These Terms apply to any website or document that links to these Terms.

THE TERMS CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND JO MALONE (COLLECTIVELY, THE “PARTIES”), PLEASE CAREFULLY READ THEM BEFORE ACCESSING OR USING ANY OFFERING. BY ACCESSING OR USING ANY OFFERING, OR BY CLICKING A BOX THAT STATES YOU ACCEPT OR AGREE TO THESE TERMS AND CONDITIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS, MEET THE QUALIFICATIONS INCLUDED IN THE TERMS, AND AGREE TO BE BOUND BY THE TERMS, WHETHER OR NOT YOU ARE A REGISTERED USER OF OUR OFFERINGS, INCLUDING THE COLLECTION AND USE OF YOUR INFORMATION SET FORTH IN OUR PRIVACY POLICY.

IF YOU DO NOT AGREE TO THE TERMS, OR DO NOT MEET THE QUALIFICATIONS INCLUDED IN THE TERMS, WE ARE NOT WILLING TO PROVIDE YOU WITH ACCESS TO OR USE OF ANY OFFERINGS AND YOU MUST NOT ACCESS OR USE ANY OFFERINGS.

IMPORTANT – ARBITRATION AGREEMENT – PLEASE READ:

THE TERMS CONTAIN PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN YOU AND JO MALONE AND/OR ITS AFFILIATES ARE RESOLVED. IN PARTICULAR, THE ARBITRATION AGREEMENT IN SECTION 22 WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES TO BE SUBMITTED TO INDIVIDUAL, BINDING, AND FINAL ARBITRATION. IN ADDITION: (1) YOU AND JO MALONE WILL ONLY BE PERMITTED TO PURSUE CLAIMS ON AN INDIVIDUAL BASIS, AND NOT IN ANY CLASS OR REPRESENTATIVE PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN COURT OR TO HAVE A JURY TRIAL FOR ANY CLAIMS.

1. DEFINITIONS

Capitalized terms used in these Terms have the definitions given in the context in which they are used. All other terms used herein have the plain English (U.S.) meaning.

2. ELIGIBILITY

You may only access and use the Offerings if you are 18 years of age or older and meet the other eligibility requirements specified in the Terms. By accessing or using any Offerings, and by agreeing to these Terms, you acknowledge you meet each of these requirements. If you do not meet any of these requirements, you may not access or use any Offerings. Our Offerings are not available to any users we previously removed from our Offerings.

3. MODIFICATIONS

We reserve the right, at any time in our sole discretion, to modify the Offerings with or without notice to you, by making those modifications available on the Site. We also reserve the right, at any time in our sole discretion, to modify the Terms; provided that any modifications to our Privacy Policy will be pursuant to the terms set forth therein. We will inform you of the presence of any changes to the Terms by posting those changes on the Site. Any modifications will be effective immediately upon posting on the Site. You may terminate your Account or cease using the Offerings if you object to any such modifications. However, you will be deemed to have agreed to any and all modifications through your continued use of the Offerings following such notice period. We will note the effective date of the latest version of these Terms at the top of this page. It is your responsibility to review these Terms periodically.

4. CONFIDENTIALITÉ

Please review our privacy policy, available at jomalone.com/privacy-policy (“Privacy Policy”) for details about our personal information practices. The Privacy Policy is incorporated by reference herein, and these Terms and Conditions are incorporated into the Privacy Policy.

5. PURCHASE RELATED POLICIES AND PROCEDURES

To view terms and conditions related to orders placed through this Site (such as order processing, shipping and handling, returns and exchanges), which are incorporated into these Terms by reference, please visit https://www.jomalone.com/customer-service/faq.

6. PRODUCTS AND SERVICES FOR PERSONAL USE

The products and services available on the Site, and any samples we may provide to you, are for your personal and/or professional use only. You may not sell or resell any of the products or services, or any samples, that you purchase or otherwise receive from us or otherwise use the Offerings for any commercial purposes. Please note that we will track the purchases you make through your Account on the Site, at our freestanding stores, and by telephone order. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms.

7. ACCURACY OF INFORMATION

We attempt to be as accurate as possible when describing our products and services on the Site; however, we do not warrant that the descriptions, colors, information, or other Content available on the Site are accurate, complete, reliable, current, or error-free.

This Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies, or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. Nous nous excusons de cet inconvénient.

8. TERMINATION

Except as indicated in this Section, these Terms may be terminated by either party at any time, in that party’s sole discretion, upon notice to the other party as permitted under these Terms. Upon termination or expiration of these Terms for any reason you will immediately cease all use of and access to the Offerings, including, without limitation, all Content you obtained prior to termination. Termination does not relieve you of any payment obligations relating to purchased products or services and these Terms will continue to apply to all products and services purchased prior to termination. Any Section of these Terms which, by its nature, should survive expiration or termination of these Terms shall survive such expiration or termination.

9. YOUR OBLIGATIONS AND RESPONSIBILITIES

When accessing or using the Offerings, you will at all times comply with these Terms and the special warnings or instructions for access or use posted on the Site. Vous devez toujours agir conformément à la législation, aux usages et de bonne foi. You may not make any change or alteration to the Offerings and may not impair the integrity or operation of the Offerings in any way. You further agree not to (1) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity, including without limitation, any Jo Malone employee, contractor, forum leader, guide, or host; (2) “stalk” or otherwise harass including advocating harassment of another (including, without limitation, any Jo Malone employee, contractor, or host), entrap or harm any third party including harming minors in any way; (3) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content, including Your Content; (4) intentionally or unintentionally violate any applicable local, state, national or international law; or (5) collect or store personally identifiable data about other users. Without limiting the generality of any other provision of these Terms, if you default on your obligations as set forth in these Terms, you shall be liable for all losses and damages your default may cause us, our parents, subsidiaries, affiliates, partners, or licensors.

10. YOUR RIGHTS

10,1 To Access the Site

Subject to your compliance with the Terms, we will permit you to access and make personal use of the Site solely for lawful purposes and only in accordance with the Terms and any other agreement you agree to before being given access to any specific areas or features of the Site. If you are accessing and using the Site on someone else’s or an entity’s behalf, you represent that you have the authority to bind that person or entity as the principal to all Terms provided herein and that you agree to the Terms on such person’s or entity’s behalf, and to the extent you do not have such authority you agree to be bound to these Terms and to accept liability for harm caused by any wrongful use of any Offerings resulting from such access or use.

10,2 To Create Links

Subject to your compliance with the Terms, you may also create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to the Site may not (a) replicate, any of our Content; (b) imply that we are endorsing such website or its services or products; (c) misrepresent its relationship with us; (d) contain content that could be construed as distasteful, obscene, offensive, controversial, illegal, or inappropriate for any ages (as determined in our sole discretion); (e) portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; or (f) link to any page of the Site other than the home page. Nous pouvons, à notre seule discrétion, vous demander de supprimer tout lien vers le site et à la réception d’une telle demande, vous devez immédiatement supprimer ledit lien et cesser d'établir tout lien à moins d’avoir reçu séparément notre consentement expressément autorisé par écrit pour réintégrer un lien.

10,3 To Access Content

You may be provided with access to a variety of data, information, and content through the Site, including marketing materials, software, text, music, audio, video, photographs, maps, images, illustrations, graphics, trademarks, logos, service marks, button icons, messages, and other media (“Content”). Other than Your Content (as defined below) all Content available through the Site, and any compilation thereof, is owned by us or our third party providers. All Content is provided for informational purposes only, and you are solely responsible for verifying the accuracy, completeness, and applicability of all Content and for your use of any Content. You will not, and will not permit any third party to: (a) edit, alter, modify, reproduce, copy, or create derivative works of any Content; (b) access, distribute, sell, resell, lend, loan, lease, license, sublicense, rent, transmit, publicly display, publicly perform, publish, adapt, or transfer any Content; or (c) use, alter, obscure or remove any copyright, trademark, or any other notices that are provided on or in connection with any Content. While you may access and interact with Content on the Site, you are granted no licenses or rights in or to any Content. Use of our Content for any purpose not expressly permitted by these Terms is strictly prohibited.

Other users and third parties may transmit or post Content to the Site. We do not endorse or control such Content, have not verified the accuracy of such Content, and will not be responsible for any errors or omissions in, any Content provided by third parties through the Site and therefore, we do not guarantee the accuracy, integrity or quality of any such Content. You understand that by using the Site, you may be exposed to Content that is offensive, indecent, or objectionable to you. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING, WITHOUT LIMITATION, FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED BY YOU AS A RESULT OF YOUR USE OF ANY CONTENT. YOU HEREBY WAIVE ALL RIGHTS TO ANY CLAIMS AGAINST US FOR ANY ALLEGED OR ACTUAL INFRINGEMENTS OF ANY PROPRIETARY RIGHTS, RIGHTS OF PRIVACY AND PUBLICITY, MORAL RIGHTS, AND RIGHTS OF ATTRIBUTION IN CONNECTION WITH CONTENT AVAILABLE ON THE SITE.

10,4 Restrictions

The Offerings may constitute our valuable trade secrets. You will not, and will not permit any third party to:
(a) use, access or attempt to access the Offerings except as expressly provided in these Terms;
(b) frame or utilize framing techniques to enclose the Offerings or any portion thereof;
(c) copy, republish, redistribute, transmit, sell, license, or download any Offerings (except caching or as necessary to view the Site);
(d) distribute, sell, resell, lend, loan, lease, license, sublicense, or transfer any of your rights to access or use the Offerings, or otherwise make the Offerings available to any third party;
(e) make any use of the Offerings other than for your personal use;
(f) disassemble, decode, decompile, modify, reverse engineer, or create any derivative works based upon any part of the Offerings;
(g) collect account information for the benefit of yourself or another party or otherwise attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Offerings;
(h) use any meta tags or any other “hidden text” utilizing any part of the Offerings;
(i) use software robots, spiders, crawlers, data mining tools, automated or non-automated scraping or similar data gathering and extraction tools, to access, collect, copy or record the Offerings;
(j) use our Offerings in competition with us, to develop competing products or services, or otherwise to our detriment or commercial disadvantage;
(k) share passwords or authentication credentials for our Offerings; or
(l) take any other action that may impose an unreasonable burden or load on our infrastructure or otherwise impacts the stability of our servers or behavior of other applications using our Offerings.

You must retain, without modification, all proprietary notices on the Offerings or affixed to or contained in any Offerings. Your unauthorized use of any Offerings will automatically terminate all rights and licenses granted to you under these Terms, without prejudice to any other remedy provided by applicable law or these Terms.

11. YOUR ACCOUNT

Subject to the age restrictions outlined above, you may view and use many features of the Site without registering, including making purchases, but in order to access and use some parts of the Site, you may need to register an account with us (an “Account”). You may only register an Account on the Site if you are over 18 years of age. We may approve your request to establish an Account in our sole discretion. Each Account and the User identification and password for each Account (the “Account ID”) is personal in nature. You are solely responsible for all activities that occur under your Account. You agree to maintain the security and confidentiality of your Account ID and notify us immediately if it is lost, stolen or otherwise compromised. You will keep any Content you submit in connection with your Account, including your Account ID, current, complete, accurate and truthful. You may cancel your Account with us at any time.

We reserve the right to refuse service and/or terminate Accounts without prior notice if these Terms are violated or if we decide, in our sole discretion, that it would be in our best interests to do so and without liability for any reason. We will not be liable for any losses caused by any unauthorized use of your Account.

12. YOUR CONTENT

You are solely responsible for all Content you submit, transmit, upload, post, share, distribute, reproduce, e-mail or otherwise make available to or generate through your use of the Site (“Your Content”) in any manner (including, but not limited to, through the “Contact Us” form). As between you and us, you retain ownership of Your Content. In addition to any other rights granted to us under these Terms, by submitting, transmitting, generating, or posting any of Your Content, you hereby grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, assignable right and license to copy, use, reproduce, modify, adapt, translate, publish, sublicense, distribute, and sell Your Content in any way we see fit, including but not limited to copying in whole or in part, creating derivative works from, distributing and displaying Your Content in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, or using Your Content within or in connection with our products or services. You also acknowledge that Your Content will not be returned, and we may use Your Content, and any ideas, concepts or know how contained therein, without payment of money or any other form of consideration, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. You represent and warrant that you own or otherwise control all rights to Your Content necessary to grant the rights and licenses herein.

You will not and will not allow others to transmit, upload, post, e-mail, generate, or otherwise make available on the Site any Content, including Your Content, that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, inaccurate, or misleading; (d) you were compensated for or granted any consideration by any third party; (e) infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; (f) is an advertisement or solicitation of any kind; or (g) is false, misleading, or inaccurate. In addition, you agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of “spam.” You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove Your Content, and we reserve the right to change, condense, or delete any of Your Content. Without limiting the generality of the foregoing or any other provision of these Terms, we have the right to remove any of Your Content if we believe it these Terms or is otherwise objectionable and we reserve the right to refuse service and/or terminate your Accounts without prior notice if you violate these Terms or infringe the rights of others.

13. DELETION OF YOUR CONTENT

You may request that we delete certain of Your Content posted on public portions of the Site, such as your ratings and reviews, by contacting us by email jomaloneonlinetech@jomalone.com and including the following information: first name, last name, user name/screen name (if applicable), email address associated with the Site, the reason you are requesting to delete the posting, and date(s) of posting(s) you wish to delete (if applicable). We may not be able to process your deletion request if you are unable to provide such information to us. All deletion requests are subject to our approval, which we may withhold or provide in our sole discretion. Please allow up to 10 business days to process your deletion request.

14. SPECIAL FEATURES, PROMOTIONS, FUNCTIONALITY AND EVENTS

The Site may offer certain special features and functionality or events (such as contests, sweepstakes, promotions, or other offerings) which may (a) be subject to terms of use, rules and/or policies in addition to these Terms; and (b) be offered by us or by third parties. If so, we will notify you of this and if you choose to take advantage of these offerings, you agree that your use of those offerings will be subject to such additional or separate terms of use, rules, and/or policies.

15. THIRD-PARTY LINKS

Nous ne sommes pas responsables du contenu des pages à l’extérieur du site Web ou de tout autre site Web relié au site. Links appearing on the Site are for convenience only and are not an endorsement by us, our parents, subsidiaries, affiliates, or partners of the referenced Content, product, service, or supplier. Your decision to link to or from any off-website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies or terms and conditions. Vous devez vérifier attentivement les modalités et les politiques de confidentialité de toutes les pages à l’extérieur du site Web et des autres sites Web que vous visitez.

16. TEXT MESSAGING

By opting into receiving SMS and/or MMS messages from Jo Malone, you hereby acknowledge and agree that you may receive messages from Jo Malone regarding policies, programs, marketing, and promotions. These messages may be sent via an auto-dialer. You are not required to directly or indirectly agree to receive such calls or text messages as a condition of purchasing any property, goods, or services. Message frequency varies. Message and data rates may apply. You may stop receiving SMS and/or MMS messages from Jo Malone by texting STOP or by texting HELP to receive help. After texting “STOP” to Jo Malone, you may receive one additional text message from Jo Malone confirming that you have been unsubscribed. Carriers are not liable for delayed or undelivered messages. Data collected through SMS and/or MMS shall be treated in accordance with our Privacy Policy, accessible HERE. For service support or assistance with our SMS or MMS messaging program, please email jomaloneonlinetech@jomalone.com.

17. INTELLECTUAL PROPERTY

We retain all right, title and interest, including, without limitation, all Intellectual Property Rights (as defined below), in and to the Offerings and any additions, improvements, updates and modifications thereto. Jo Malone’s name, logo and all product and service names associated with the Offerings are trademarks of Jo Malone and its licensors and providers and you are granted no right or license to use them. For purposes of these Terms, “Intellectual Property Rights” means all intellectual property rights, proprietary rights, rights of publicity, rights of privacy, and any and all other legal rights protecting data, information, or intangible property throughout the world, including, without limitation, any and all copyrights, trademarks, service marks, trade secrets, patent rights, moral rights, sui generis rights in databases, and contract rights. You receive no ownership interest in or to the Offerings and, except for the limited rights and licenses granted under these Terms, you are not granted any right or license to use, reproduce, duplicate, copy, sell, resell, access, modify, or otherwise exploit, in whole or in part, any Offerings for any purpose without our express, prior written consent.

Any submissions by you to us, such as comments, questions, suggestions, materials (collectively, “Feedback”) through any communication including through the Site, email or over the phone will be treated as both non-confidential and non-proprietary. Except as prohibited by applicable law, you hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. Where the foregoing assignment is prohibited by law, you hereby grant us an exclusive, transferable, worldwide, royalty-free, fully paid-up license (including the right to sublicense) to use and exploit all Feedback as we may determine in our sole discretion. Notwithstanding the foregoing, you understand and agree that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

18. COPYRIGHT INFRINGEMENT NOTICES

We respect the Intellectual Property Rights of others and require that users of the Site do the same. We also maintain a policy that provides for the termination in appropriate circumstances of the Site’s use privileges for users who are repeat infringers of Intellectual Property Rights. Consistent with the Digital Millennium Copyright Act, if you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail or written notice to our Designated Agent for notices of infringement and provide the following:
• A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that you claim is infringed;
• Identification of the copyrighted work(s) that you claim has been infringed;
• A description of the material that you claim is infringing and the location of that material on the Site;
• Your address, telephone number and email address;
• A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

YOU CAN CONTACT OUR DESIGNATED AGENT FOR NOTIFICATIONS OF CLAIMED INFRINGEMENT AT:

Copyright Agent c/o Legal Department
The Estée Lauder Companies Inc.
767 Fifth Avenue
New York, NY 10153
Phone: 929-226-5049
Fax: 212-277-2355
Email: copyright@estee.com

REMARQUE : THE ABOVE CONTACT INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING US ONLINE THAT COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, INCLUDING INQUIRIES REGARDING INFRINGEMENT OF OTHER INTELLECTUAL PROPERTY RIGHTS, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS AND SHOULD BE DIRECTED TO OUR CUSTOMER SERVICE GROUP BY EMAIL TO JOMALONEONLINETECH@JOMALONE.COM.

19. DISCLAIMER OF WARRANTIES

THE OFFERINGS ARE PRESENTED “AS IS” AND “AS AVAILABLE.” NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS OR ANY OFFERING. WE AND OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THE SITE, WHICH INCLUDES BUT IS NOT LIMITED TO ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.

YOU AGREE THAT NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY (1) INTERRUPTION OF BUSINESS; (2) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (3) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION, LOSS, OR MODIFICATION; (4) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (5) COMPUTER VIRUSES, SYSTEM FAILURES, OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF ANY OFFERING, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES (6) INACCURACIES OR OMISSIONS IN ANY CONTENT OR (7) EVENTS BEYOND OUR REASONABLE CONTROL.

20. LIMITATION OF LIABILITY

NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, DELAY, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), RELATING TO OR ARISING IN CONNECTION WITH OR OUT OF ANY OFFERINGS OR USE OF ANY OFFERINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF OPPORTUNITY, REVENUES OR PROFITS, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. OUR TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS AND ALL SERVICES PROVIDED UNDER THESE TERMS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO US IN THE 3 MONTH PERIOD PRECEDING THE EVENTS GIVING RISE TO ANY LIABILITY OR $100, WHICHEVER IS GREATER. YOU AGREE THAT WE WOULD NOT ENTER INTO THESE TERMS WITHOUT THESE LIMITATIONS ON OUR LIABILITY. IN JURISDICTIONS WHERE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

21. INDEMNIFICATION

You agree to defend, indemnify and hold us and our officers, directors, shareholders, affiliates, employees, agents, contractors, assigns, users, customers, providers, licensors, and successors in interest (“Indemnified Parties”) harmless from any and all losses, liabilities, damages, fees, expenses, and costs (including reasonable attorneys’ fees, court costs, damages awards, and settlement amounts), resulting from any third party claim, action, or demand relating to: (a) your use of or access to any Offering; (b) Your Content; (c) your breach of any representation, warranty, or other provision of these Terms; (d) your violation of any applicable law, rule or regulation; (e) your willful misconduct; or (f) any other party’s access and use of our Offerings with your unique username, password or other appropriate security code. We will provide you notice of any such claim or allegation, and we reserve the right to participate in the defense of any such claim at our own expense.

22. DISPUTES

THIS SECTION SETS FORTH THE TERMS AND CONDITIONS PURSUANT TO WHICH DISPUTES BETWEEN YOU AND JO MALONE WILL BE RESOLVED THROUGH INDIVIDUAL ARBITRATION (“ARBITRATION AGREEMENT”). PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND JO MALONE TO ARBITRATE DISPUTES AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER.

With respect to any dispute, claim, or controversy arising out of or related to your access or use of the Site, any products sold or distributed through the Site, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of New York, as if the Terms and Conditions were a contract wholly entered into and wholly performed within New York. ANY DISPUTE ARISING OUT OF OR RELATING IN ANY WAY TO YOUR ACCESS OR USE OF THE SITE, ANY PRODUCTS SOLD OR DISTRIBUTED THROUGH THE SITE, THESE SITE TERMS AND CONDITIONS, OR THE RELATIONSHIP BETWEEN THE PARTIES (OTHER THAN CLAIMS RELATING TO THE INTELLECTUAL PROPERTY RIGHTS OF JO MALONE OR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS OR LICENSORS OR CLAIMS IN EQUITY) SHALL BE FINALLY RESOLVED BY CONFIDENTIAL ARBITRATION BY VIDEO CONFERENCE OR, AT THE ARBITRATOR’S DISCRETION, BY IN PERSON HEARING IN THE COUNTY WHERE YOU RESIDE (UNLESS THE BATCH ARBITRATION PROCESS APPLIES) AND YOU AGREE TO SUBMIT YOURSELF TO THE JURISDICTION AND PROCEEDINGS THEREOF. ARBITRATION MEANS THAT AN ARBITRATOR WILL DECIDE THE CLAIM, AND YOU WILL NOT HAVE THE RIGHT TO SUE IN COURT OR TO HAVE A JUDGE OR JURY DECIDE YOUR CLAIM. YOUR RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY ALSO BE LIMITED IN ARBITRATION. It is further agreed that any dispute over the scope of this arbitration provision and any dispute as to whether a claim is arbitral shall be submitted to the arbitrator for decision. Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes.

Arbitration under this agreement shall be conducted by a sole arbitrator under the American Arbitration Association’s Consumer-Related Disputes Supplementary Rules in effect when the arbitration is commenced, except as they may be modified herein.

A party who wishes to initiate arbitration must provide the other party with a demand for arbitration (the “Demand”). The Demand must include: (1) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration and the account username (if applicable), as well as the email address associated with any applicable account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; and (5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration.

If the party requesting arbitration is represented by counsel, the Demand shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Demand. By signing the Demand, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (1) the Demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.

Subject to the Batch Arbitration process described below, you agree that any arbitration or proceeding shall be limited to the dispute between us and you individually, and (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; (iii) the parties waive and there is no right or authority for any dispute to be brought in a purported collective, representative capacity on behalf of the general public or any other persons, or mass action basis; and (iv) only individual relief is available. 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, MASS OR REPRESENTATIVE PROCEEDING.

To increase the efficiency of administration and resolution of arbitrations, you and Jo Malone agree that in the event that there are one hundred (100) or more individual Demands of a substantially similar nature filed against Jo Malone by or with the assistance of the same law firm, group of law firms, or organizations, within a sixty (60) day period (or as soon as possible thereafter), the AAA shall (1) administer the arbitration demands in batches of 100 Requests per batch (plus, to the extent there are less than 100 Requests left over after the batching described above, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”).

All parties agree that Demands are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise the AAA, and the AAA shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Procedural Arbitrator”). In an effort to expedite resolution of any such dispute by the Procedural Arbitrator, the parties agree the Procedural Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Procedural Arbitrator’s fees shall be paid by Jo Malone if the party seeking the appointment of the Procedural Arbitrator is Jo Malone. The Procedural Arbitrator’s fees shall be shared equally by the you and Jo Malone if you are the party seeking the appointment of the Procedural Arbitrator.

You and Jo Malone agree to cooperate in good faith with the AAA to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration. which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings. This Batch Arbitration process shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.

Le jugement du modérateur a force exécutoire et peut être proposé comme jugement dans n’importe quel tribunal d’une juridiction compétente.

Changes to this arbitration agreement shall not apply to any claim that was filed in a legal proceeding against us or you prior to the effective date of the modification. You may opt out of any such changes within thirty (30) days after an update has taken effect by writing Jo Malone at the following address: The Estee Lauder Companies Inc, 767 Fifth Avenue, New York, NY 10153. If you opt out of an update, the last set of agreed upon arbitration terms will remain in force.

The Terms and Conditions evidence a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this agreement to arbitrate and any arbitration proceedings.

23. NOTICE

You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which these Terms refer from us electronically including without limitation by e-mail or by posting notices on this Site. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us at jomaloneonlinetech@jomalone.com and discontinue your use of the Offerings. In such event, all rights granted to you pursuant to these Terms shall automatically terminate. Unfortunately, we cannot provide the Offerings to any user that cannot consent to receipt of Notices electronically. Veuillez prendre note que ce consentement pour recevoir des avis est entièrement distinct de tous vos choix liés à la réception de communications commerciales. Your options with respect to receipt of marketing communications are set forth in our Privacy Policy.

24. NOTICE TO CALIFORNIA RESIDENTS

For further information or complaints regarding the Services, please contact the provider of the services: The Estée Lauder Companies Inc., 767 Fifth Avenue New York, NY 10153, telephone: 1-877-311-3883 or email: jomaloneonlinetech@jomalone.comjomaloneonlinetech@jomalone.com. If you have purchased anything from the Site, a description of what you have purchased and relevant pricing information are posted as part of the ordering process for this Site (please consult your individual purchase confirmation email for the charges you incurred). For California residents, under Cal. Civ. Code §1789,3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by contacting them at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254 or for hearing impaired persons at 711, or 1-800-735-2929 (TTY).

25. GENERAL

You acknowledge and agree that these Terms constitute the complete and exclusive agreement between us concerning your use of the Offerings, and supersede and govern all prior proposals, agreements, or other communications, whether written or oral. Nothing contained in these Terms shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Notre défaut d’exiger votre exécution de toute disposition aux présentes ne peut affecter notre droit d’exiger une telle exécution en tout temps par la suite. De plus, notre exonération d’une brèche de toute disposition ci-contre ne peut être considérée comme étant une exonération de la disposition en soi. In the event that any provision of these Terms shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole but these Terms shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the Parties as reflected in the original provision. The headings in the Terms are for convenience only and shall not be used in its interpretation. All rights conferred under these Terms or by any other instrument or law shall be cumulative and may be exercised singularly or concurrently. Neither these Terms nor any of your rights or obligations hereunder may be assigned or transferred by you without our prior written approval. Any assignment in violation of the foregoing will be null and void. We may assign these Terms to any party that assumes our obligations hereunder.

26. CONTACT

If you have any questions regarding these Terms, please email us at jomaloneonlinetech@jomalone.com.

Wood Sage & Sea Salt Video Music: "Better on the Coast" by Kid Chocolate

Copyright © JO MALONE LONDON All worldwide rights reserved.

The Program shall begin on 20th July and shall continue until all quantities of the gift (the “Gift”) are depleted. During the Promotion, Jo Malone London shall gift out a minimum of 20 000. Quantities of the Gift are limited. Jusqu’à épuisement des stocks.

This Program is only valid for individuals who are 18 years of age or older and meet the other eligibility requirements specified in these Terms. Individuals who are employed by Jo Malone London or any of its subsidiaries, affiliates or promotional agencies are not eligible to participate in the Program – either as an Advocate or Friend (each as defined below).

ARBITRATION REQUIREMENT AND CLASS ACTION WAIVER: PLEASE READ THE DISPUTES SECTION CAREFULLY — IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT OR CLASS ACTION IN COURT.

Just Because Campaign: To participate in the Program, eligible Jo Malone London customers will:

• a) Receive an invitation to visit the Promotion page, which may be hosted by a third party at the direction of Jo Malone London, and follow the on-screen instructions to gift their friends or family members (each, a “Friend”) and obtain a unique gifting link (“Gifting Link”). The customer must follow the prompts (described under “Gifting Process”) below to gift their Friend. Users may gift a maximum of 1 friend, family member, or colleague throughout the entirety of the Program. Once a customer sends a Gift, he/she becomes an “Advocate”. Advocates must ensure that they only gift Friends with whom the Advocate has a personal or family relationship, and who would want to receive the gift. Once a Friend has redeemed their Gift, they have the option to follow the Gift Process to send a Gift to another individual; or
• b) On 25 juillet 2023, visit a Jo Malone London store and be one of the first consumers to enter into the store. Each Jo Malone London store will receive a different quantity of Gifts. The amount of consumers that receive the Gift at each Jo Malone London store will vary by location and store.

Gifting Process: An Advocate must either (i) complete the online gifting form by entering the contact information of the eligible Friend he/she wants to send a Gift. The Friend will receive the Gifting Link to instructions that must be followed by the Friend in order for the Friend to receive the Gift. Receipt of a Gifting Link is not a guarantee of receiving a Gift. Please note that the Gift is not reserved for the Friend until the Friend completes the Gifting Process.

Restrictions: Advocates cannot refer themselves or create multiple, fictitious, or fake accounts with Jo Malone London. Advocates must not gift the same Friend multiple times or through multiple channels. Only one Gift may be received per household.
Anyone who participates in the program, whether an Advocate or a referred Friend, will receive the Gift while supplies last. The Gift is valued at approximately eighty US dollars. For Gifts received in-store, value may vary.

Conditions: The following conditions apply to the Program and related rewards:

• • A Friend or Advocate can only receive a Gift once in total, and an Advocate can only pass along a Gift to one Friend.
• • If a Friend tries to redeem multiple Gifts: Jo Malone London will only honor the first Gifting Link through which a Friend completes an eligible purchase on Jo Malone London website and which is accepted and processed by Jo Malone London. If multiple Advocates have referred the same Friend and the Friend attempts to activate multiple Gifting Links, the Friend will only receive one Gift.
• • Any Gift not redeemed by 30th July will automatically expire. The Gift cannot be transferred, returned, exchanged for any alternative product, cash, or money, or sold.
• • The Gift may not be (i) combined with other offers, discounts, referrals, or gift cards; (ii) sold or transferred; or (iii) redeemed for cash
• • Gifting Links are for individual, personal use only and may not be used for commercial purposes including, but not limited to, affiliate lead generation and bidding on Jo Malone London search terms in connection with the Gifting Link.

Offer Terms: The Gift shall consist of Jo Malone London products, of which there are a limited supply. The Promotion starts on 25 juillet 2023 and shall continue until all supplies are depleted or until 30 July, 2023, whichever comes first. Offer available to legal residents of the fifty (50) US States, District of Columbia, and Puerto Rico (excluding all other US territories) who are at least eighteen (18) years old. Offer not valid in department store locations/websites or websites or partner stores/websites or websites. Offer not valid in Duty Free locations, Caribbean locations (excluding Puerto Rico), Airport locations/websites. or websites. Offer cannot be copied, sold, transferred, redeemed for cash, used in purchasing a gift card or otherwise combined with any other offer, discount, or referral, or gift card. Free Standard Shipping with any purchase, see JoMalone.com for details. Out of stock items are not eligible for promotional offers. Offer cannot be applied to previously placed orders. Offer valid on orders shipped to the fifty (50) US States, District of Columbia, and Puerto Rico US addresses only. Any employee of the Estee Lauder Companies, its affiliates, its subsidiaries, and any of their promotional agencies are ineligible. Offer not applicable to, and the eligible purchase amount does not include, the purchase of eGift Cards; Gift Cards; sales tax; shipping and handling fees; items noted as not eligible; items that are not in stock at the time of purchase; pending purchases or purchases made prior to the start of the offer or after the offer ends; select products including but not limited to limited life collections; Kits sold at a value, lip duos, Makeup Services, Giftwrap. Other exclusions may apply. Offer applies to authorized purchases only. Only authorized purchases orders will be processed and shipped. We reserve the right to cancel any order due to unauthorized, altered, or ineligible use of offer and to modify or cancel this promotion at any time. Cette offre peut être modifiée sans préavis. D'autres restrictions peuvent s'appliquer.

Program Communications: Advocates may receive e-mails about this Program, including an e-mail each time a Friend makes an eligible purchase using their Gifting Link. If you would like to opt-out of receiving future Jo Malone London marketing emails, you may do so by clicking the unsubscribe link at the bottom of each gifting email.

Confidentialité: The personal information collected, processed and used as part of the Program will be used in accordance with the Jo Malone London’s PRIVACY POLICY.

Indemnification: By participating in the Program, you agree that you will indemnify and hold Jo Malone London, our parents, subsidiaries, affiliates, partners, licensors, officers, directors, employees, and agents harmless for any claim, action, liability, loss, injury or damage resulting, directly or indirectly, from your participation in the Program, including any unlawful sending or sharing of the Gifting Link, or your breach of these Terms.

Disclaimer of Warranties; Limitation of Liability: EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, THE PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS OR THE PROGRAM, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) UNDER ANY CIRCUMSTANCES FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS; (c) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS; (e) ANY INACCURACIES OR OMISSIONS IN CONTENT; OR (f) EVENTS BEYOND OUR REASONABLE CONTROL. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED. FURTHER, YOU AGREE THAT ESTEE IS NOT RESPONSIBLE FOR FAULTY GIFTING LINKS, ANY ERROR, OMISSION, INTERRUPTION, DEFECT OR DELAY IN TRANSMISSION, ORDER PROCESSING, OR COMMUNICATION; TECHNICAL OR MECHANICAL MALFUNCTIONS; ERRORS IN THESE TERMS, IN ANY PROGRAM-RELATED MATERIALS, OR INACCURATE INFORMATION, WHETHER CAUSED BY EQUIPMENT, PROGRAMMING, HUMAN ERROR, OR OTHERWISE.
FURTHER, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE PROGRAM OR YOUR PARTICIPATION IN THE PROGRAM REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100 USD.

Disputes:
With respect to any dispute, claim, or controversy regarding the Program, all rights and obligations and all actions contemplated by these Terms shall be governed by the laws of New York, as if the Terms were a contract wholly entered into and wholly performed within New York. ANY DISPUTE RELATING IN ANY WAY TO THE PROGRAM, YOUR PARTICIPATION IN THE PROGRAM, THESE TERMS OR THE RELATIONSHIP BETWEEN THE PARTIES (OTHER THAN CLAIMS RELATING TO THE INTELLECTUAL PROPERTY RIGHTS OF ESTEE COSMETICS OR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS OR LICENSORS OR CLAIMS IN EQUITY) SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN NEW YORK AND YOU AGREE TO SUBMIT YOURSELF TO THE JURISDICTION AND PROCEEDINGS THEREOF. ARBITRATION MEANS THAT AN ARBITRATOR(S) WILL DECIDE THE CLAIM, AND YOU WILL NOT HAVE THE RIGHT TO SUE IN COURT OR TO HAVE A JUDGE OR JURY DECIDE YOUR CLAIM. YOUR RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY ALSO BE LIMITED IN ARBITRATION. It is further agreed that any dispute over the scope of this arbitration provision and any dispute as to whether a claim is arbitral shall be submitted to the arbitrator for decision. Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction, and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under these Terms shall be conducted under the Consumer-Related Disputes Supplementary Rules then prevailing with the American Arbitration Association. Le jugement du modérateur a force exécutoire et peut être proposé comme jugement dans n’importe quel tribunal d’une juridiction compétente.
You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually, and (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Bulk Email Distribution: Each Advocate is the actual sender of the emails and must comply with applicable law. Gifts must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues and family members. By submitting any email address as part of the Program, the Advocate represents that he/she has the appropriate permission and consent and is only sending the email to (or otherwise sharing the Advocate’s Gifting Link with) individuals with whom the Advocate has a personal or family relationship. Bulk email distribution, distribution to strangers or to individuals with whom the Advocate does not have a personal or family relationship, or any other use of the services described herein in a manner that is not promoted is expressly prohibited and may be grounds for immediate termination and further legal action. Jo Malone London has no obligation to monitor the Program or any communications; however, Jo Malone London may choose to do so and block any email messages, remove any such content, or prohibit any use of the Program. Advocates who do not comply with these Terms or applicable law, including anti-spam laws, are obligated to indemnify Jo Malone London against any liabilities, costs and expenses it incurs as a result of such spam or other actions.

Sign-In Credentials. Users are responsible for maintaining the confidentiality of any sign-in credentials and are fully responsible for all activities that occur through the use of those credentials. Users agree to notify Jo Malone London immediately if they suspect unauthorized access to their account. Users agree that Jo Malone shall not be liable for any loss or damage arising from unauthorized use of their credentials.

General: Each Advocate and Friend must comply with Jo Malone London TERMS AND CONDITIONS and the terms and policies of any social media site where a gifting link is posted/used. Jo Malone London reserves the right to revoke any rewards or otherwise disqualify any Advocate or Friend in the event of any suspected fraud or violation of these Terms.

Modification and Termination: Jo Malone London reserves the right to modify any of these Terms at any time, with or without notice. We also reserve the right to terminate the Program at any time, for any reason. Any unused Gifting Links will be forfeited at that time. Your continued participation in the Program constitutes your acceptance of any changes made to these Terms. You are responsible for remaining knowledgeable about any changes we may make to these Program Terms. Jo Malone London reserves the right to disqualify any user or Advocate at any time for any reason from participation in the Program if they do not comply with any of these Terms.