Sulwhasoo Canada

Terms, Conditions and End User License Agreement

IMPORTANT: READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT LEGAL INFORMATION. BY ACCESSING OR USING THE APPLICATION OR BY PARTICIPATING IN THE PROGRAM, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, AND THAT YOU UNDERSTAND AND AGREE TO BE LEGALLY BOUND BY ITS TERMS.

1. Agreement

These Terms, Conditions and End User License Agreement (the “Agreement”) is a binding, contractual agreement between you (“you”) and AMOREPACIFIC CANADA INC. together with its subsidiaries and affiliates (hereinafter referred to as “us”, “we” and/or “Sulwhasoo”) with respect to your participation in the Sulwhasoo Rewards Program, (the “Program”), and use of the associated web application (the “Application”).

This Agreement applies solely to your participation in the Program and use of the Application, including all enhancements, versions, and modifications thereto. By participating in the Program or accessing or using the Application, you are indicating: (i) your acceptance of, and agreement to be legally bound by, all of the terms and conditions of this Agreement; (ii) that you are above the age of majority where you reside and you are able to enter binding contracts; (iii) that you are a legal resident of Canada. If you do not accept and agree to the following terms and conditions, you must not participate in the Program, or access or use the Application.

The Program is open only to individual consumers acting for personal, family, or household reasons. Persons acting for commercial reasons, included distributors and resellers, are not permitted to participate. Participation in the Program is limited to eligible individuals. No groups, clubs, newsletters, companies, or organizations may participate in this Program.

2. The Program

The Sulwhasoo Rewards Program is a membership based rewards program that allows our fans to earn rewards when they purchase participating Sulwhasoo products in Canada.

3. Creating an Account and Account Verification

To participate in the Program, you must create an account (“Account”). To create an account, visit ca.sulwhasoo.com and follow the onscreen instructions, which may require you to provide your name and contact information.

You may be able to complete the registration process by linking your Account with one of your existing third party social media accounts, such as your Facebook, Twitter, or Google account. If you choose to link your Account to a third party social media account, including to complete your registration, this functionality may involve the third-party social media operator providing certain information, including your name and email, to us for the purpose of facilitating registration. Further, when you use third-party sites or services, you are using their services and not our services and they, not we, are responsible for their practices. You should review the applicable third-party privacy policies before using such third-party tools on our Application.

There is a limit of one (1) Account per person. Anyone found attempting to use multiple/different identities, email addresses, accounts, registrations, or logins, or otherwise attempting to obtain more than one (1) Account may be disqualified from the Program; his/her Accounts may be cancelled and this Agreement terminated; and subject to applicable law, all corresponding Points may be void, in Sulwhasoo’s sole discretion.

By creating an account, you agree: (i) that you will provide complete and accurate information about yourself; and (ii) to update such information if it changes. In the event that you do not provide or update such information, or if we have reasonable grounds to suspect that you have not provided or updated such information, we shall have the right, in our sole and absolute discretion, to disable your Account, terminate this Agreement, and prevent you from participating in the Program, or using the Application.

You agree to be responsible for: (a) the accuracy of all information that you provide to us; (b) maintaining the confidentiality and security of any passwords or other account identifiers that you choose or that are otherwise assigned to you; and (c) all activities that occur under such password(s) or Account.

It is your responsibility to keep your username and any password that you register or that is provided to you confidential and secure. In the event that your username or password is used without your consent or that you discover any other breach of security, you agree to promptly notify us using the information provided below. We are not responsible for your failure to comply with this clause, or for any delay in shutting down your Account after you have reported a breach of security to us. You are solely responsible for any and all activities which occur under your Account.

All registrations are subject to verification at any time and for any reason. Sulwhasoo reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to Sulwhasoo – including, without limitation, government issued photo identification): (i) for the purposes of verifying your eligibility to participate in the Program; and/or (ii) for any other reason we deem necessary, in our sole and absolute discretion, for the purposes of administering the Program in accordance with these Terms. Failure to provide such proof to the satisfaction of Sulwhasoo in a timely manner may result in the cancellation of your Account, termination of this Agreement, and subject to the applicable law, in such a case any Points associated with your Account may be forfeited.

4. Earning Points

Registered members are able to earn points in the Program (“Points”) based on their purchase of eligible Sulwhasoo products from participating retailers in Canada. To earn Points, you must purchase an eligible Sulwhasoo products from participating retailer in Canada (“Eligible Purchase”). Then, sign into your Account, and upload an image of the receipt for your Eligible Purchase (“Receipt”). The image or your Receipt much legibly show the eligible Sulwhasoo product you purchased, the dollar amount of that purchase, the retailer, and the date. We may use the information provided on your Receipts to conduct analytics to better understand you, our customers generally, where you make purchases, and your interests and purchasing habits. This may include consideration of your purchase of Sulwhasoo products, and any other purchases visible on your Receipts. We may use this information in accordance with our Privacy Policy, including to tailor the email or other marketing we offer you.

You are only allowed to upload a particular Receipt one (1) time. Each Receipt may only be uploaded to one (1) Account. If we have reasonable grounds to suspect that you have sought to upload a Receipt multiple times, or to multiple Accounts, or otherwise earn Points in a manner that violates the letter or spirit or these Terms, we shall have the right, in our sole and absolute discretion, to disable your Account, terminate this Agreement, and prevent you from participating in the Program, or using the Application.

Points are awarded at a rate based on your membership tier in the Program, as described in Section 5 below. Please allow a minimum of thirty (30) business days after you have uploaded a Receipt for Points to be credited into your Account.

Subject to the applicable law, Sulwhasoo reserves the right to change the Sulwhasoo products that are eligible to earn Points, and on the retailers whose receipts are eligible to participate.

5. Membership Tiers and Benefits

The rate at which you earn Points and other benefits in the Program is determined by your membership tier (“Tier”). Your Tier is determined based on the total pre-tax value of your purchase of participating Sulwhasoo products in Canada in the calendar year prior to the current calendar year. In the first partial calendar year a member participates in the Program they will participate in the Jade Tier. After each calendar year, each member will be assigned a Tier based on the total pre-tax value of their purchase of participating Sulwhasoo products in Canada in the previous calendar year.

The Tiers and associated benefits are as follows:

TierJadeAmberObsidian
Required Pre-tax Spend Per Year$0 - $1,499.99$1,500 - $1,999.99$2,000 +
Points earned per $1 Eligible Purchase100115130
Tier Celebration GiftXX
Birthday GiftX
Exclusive Events and GiftsX



All amounts are in Canadian dollars. All gifts and events available to Amber and Obsidian Tier members will be selected by Sulwhasoo in its sole and absolute discretion, and may vary from year to year, and member to member. There is a limit of one (1) gift in each gift class per participant, per year, unless Sulwhasoo chooses, at its discretion, to permit otherwise.

6. Redeeming Points

Points may be redeemed for Sulwhasoo products and other goods we make available on the Application from time to time (“Rewards”). You may view the available Rewards, and the required Points for each, by Clicking Here. Each Reward has a required number of Points for redemption as stated on the Application. You cannot redeem Rewards unless you have accumulated the required corresponding number of Points in your Account. Please see the Application for details on how to redeem Points. Once your redemption request has been submitted, the required number of Points for the selected Reward will be deducted from your Account. Once Points have been redeemed they may not be returned or refunded to an Account for any reason, including if the Reward is stolen or lost. Subject to the applicable law, Sulwhasoo reserves the right to modify, change, and otherwise revise the Rewards found on the Application, including without limitation, the required number of Points for such Rewards.

In most cases, you should allow at least six to eight weeks from receipt of redemption request for shipment of your Rewards via postal mail, unless otherwise stated on the Application. All Rewards will ship to the postal address that you specify on the redemption page. Rewards will only be shipped to addresses within Canada. No responsibility is assumed by Sulwhasoo for any postal mail or deliveries returned as undeliverable without a forwarding address. No responsibility is assumed by Sulwhasoo for Rewards after they are shipped.

Subject to applicable law, all Rewards available on the Application are subject to change without notice and are available while supplies last. Sulwhasoo, at its sole discretion, reserves the right (without obligation) to substitute Rewards of greater or equal value in the event supplies of any one Reward run out. No exchanges, returns or refunds on Rewards permitted. Rewards may be available only in limited quantities and will be distributed on a first-come, first-served basis. Participants should regularly consult the Application for updates regarding Reward availability.

7. Points May Expire Due to Account Inactivity

If your Account neither earns Points nor redeems Points for Rewards for a period of one (1) year, we reserve the right to cause your Points to expire, in which case they will be null and void. Prior to your Points expiring due to inactivity, we will send you a notice of inactivity stating the date on which your Points will expire, at least 30 days, but not more than 60 days before your Points expire.

8. Promotional Offers

At any point and from time to time, Sulwhasoo may issue special promotions that alter the rate at which Points are earned or redeemed, such as Point multipliers, bonus Points, or other promotional offers on certain products, services, days, or portions of any day, that change the thresholds at which Points may be redeemed or that award additional Points to a particular participant, based on the purchase of a particular product, or based on purchases at a particular retailer. Sulwhasoo may make such promotional offers to all Program participants, or any subset of them, in its sole and absolute discretion. Sulwhasoo may communicate issuance of these promotional offers via the Application, and/or other means available to us. These Terms shall apply to such promotional offers, along with any additional terms and conditions that accompany the offer, unless you are notified otherwise.

9. Restrictions on Points

Points and your participation in the Program are subject to the following limitations:

a) Points cannot be transferred to or from one participant to another or from one Account to another. Points may not be sold, bartered, or otherwise exchanged between participants.
b) Sulwhasoo may invalidate any Points and remove them from the associated Account if it determines that such Points were improperly credited to such Account, obtained fraudulently, or otherwise obtained not in keeping with the letter and spirit of these Terms. Sulwhasoo reserved the right to correct any Points balance (by either adding or removing Points), if it determines in its sole and absolute discretion that an error has occurred.
c) Points do not constitute property, do not entitle a participant to any vested right or interest, and have no cash value. Points are not redeemable for cash, transferable or assignable for any reason.
d) Points are null and void and will be rejected, and removed from the associated Account, if not obtained in accordance with the letter and spirit of these Terms. No Point receipt or redemption will be valid if such receipt or redemption is associated with any Point deemed void for any reason, including without limitation, if: (a) the Point is not verified or recognized as being validly issued by Sulwhasoo; (b) the Point or the Receipt used to earn the Point is determined to have been previously entered and used; (c) the Point was obtained in a manner deemed by Sulwhasoo to be fraudulent or otherwise invalid; or (d) the Point is otherwise void.
e) The decisions of Sulwhasoo with respect to all aspects of the Program are final and binding on all participants without right of appeal, including, without limitation, any decisions regarding the eligibility/disqualification of participants, Receipts, Eligible Purchases, and/or Point earning or redemption.
f) Any abuse or attempted abuse by a participant of the Program’s privileges, or the letter and spirit of these Terms, any failure by a participant to follow these Terms, or any misrepresentation by a participant may subject the participant to expulsion from the Program, including as permitted by applicable law, forfeiture of all Points. Without limiting the foregoing, any Eligible Purchases which are returned or otherwise cancelled will not qualify for the purposes of the Program and any Points awarded in respect of such purchases will be void and removed from the applicable Account at the discretion of Sulwhasoo.

10. Store Locator

The Application may include a feature that allows you to enter a location in Canada, and identify the participating retailers closest to it. Sulwhasoo is not responsible for practices of such retailers, or availability of participating products at them. The store locator is offered for convenience only, and does not constitute an endorsement or recommendation of any retailer by Sulwhasoo. Please note that if you use a “shop now” or similar button or link on the Application, you will leave the Application, and your purchase is from the applicable third party retailer, in accordance with their terms, and is not with Sulwhasoo.

11. Release

By participating in the Program or using the Application, you agree to release Sulwhasoo, and each of its parent companies, subsidiaries, affiliates, and suppliers and any other third party that may from time to time participate in the administration or operation of the Program or Application, and each of their respective officers, directors, agents, representatives, employees, successors and assigns (collectively, the "Releasees") from any loss, liability, claim, demand, damage or expense asserted by any entity relating in any way to the Program, the Application, your participation therein and/or the use/misuse of any Points or Rewards or other benefits.

12. Ownership

The Application consists of various graphics, texts, icons and buttons that have been provided by Sulwhasoo and/or other entities under our direction (e.g. programmers or designers). All such content is owned by Sulwhasoo and/or the applicable third party entity. For greater certainty, Sulwhasoo and applicable third party entities hold all right, title, and interest in and to any and all content provided by such parties for the Application, including, without limitation, all such information in text, graphical, video and audio formats, images, icons, designs, trade-marks, brand names, and software (collectively, the “Application Content”). You hereby acknowledge that the Application Content is protected by all copyright, trade-mark, and other applicable intellectual property laws. Your use of the Application does not grant or transfer to you any ownership or other rights in the Application or the Application Content, and except as expressly provided, nothing herein or within the Application shall be construed as conferring on you or any other person any license under any of Sulwhasoo’s or any third party’s intellectual property rights. Any rights not expressly granted to you in this Agreement are expressly reserved by Sulwhasoo. For greater certainty, you agree that you will not take any action that is inconsistent with Sulwhasoo’s ownership of the Application and/or Sulwhasoo’s ownership of, or any third party’s ownership of, any Application Content. You are hereby expressly prohibited from removing any proprietary notice of Sulwhasoo, or any third party, from any copy of the Application or Application Content.

13. License

Upon your acceptance of the terms and conditions of this Agreement, you will be permitted to use the Application on your device. Subject to the terms and conditions in this Agreement, Sulwhasoo grants you a limited, non-exclusive, royalty-free and revocable license to make personal and non-commercial use of the Application and its Application Content. For greater certainty, this limited license only allows you to use the Application for your own personal and non-commercial use. This limited license does not include any rights not specifically enumerated herein. Title to and ownership of all rights in and to the Application, including copyright and all other intellectual property rights, will at all times remain with us or our licensors. You acquire no right to use the Application except in accordance with the terms of this Agreement. You agree not to take or permit any action with respect to the Application that is not expressly authorised under this licence.

14. You are Responsible for your Device

You are responsible for all hardware, software and services that are necessary for you to access and use the Application (“Your Systems”). This includes, for example, your computer, mobile device, their operating systems and Internet connectivity or other networking services for which you may be required to pay fees to a third party. We are not responsible for any of the foregoing. We reserve the right to modify the Application to add new features, implement new technologies or for other reasons and as a result, you may be required to replace or upgrade some or all of Your Systems from time to time in order to continue using the Application. All replacements or upgrades to Your Systems are your sole responsibility.

15. Confidentiality

The structure, organization and source code of the Application are the valuable trade secrets and proprietary confidential information of Sulwhasoo and its licensors. You agree not to provide or disclose any such confidential information in the Application or derived from it to any third party.

16. Restrictions

You may not:
a. use, copy, modify, download or transfer the Application or any component of the Application (including, without limitation, the Application Content), in whole or in part, except as expressly provided in this Agreement;
b. reverse engineer, disassemble, decompile, or translate the Application;
c. attempt to derive the source code of the Application;
d. create any derivative work from the Application;
e. rent, lease, loan, resell for profit, or distribute the Application, or any part thereof;
f. remove or alter any proprietary notice or legend regarding Sulwhasoo’s, or any third party’s, proprietary rights in the Application;
g. use the Application except in accordance with applicable laws and regulations; and/or
h. use the Application: (i) to defraud any third party; (ii) to distribute obscene or other unlawful materials or information; and/or (iii) to disseminate or encourage conduct that could constitute a criminal offence or give rise to civil liability; and/or
i. authorize or assist any third party to do any of the foregoing.

17. User Conduct

Certain features and/or portions of the Application may permit you to upload, post or otherwise transmit content that you have created (the “User Content”). You understand and agree that the Application processes your User Content for the purposes of providing the Application functionality, allowing you to participate in the Program, and conducting analytics to better understand you, our customers generally, where you make purchases, and your interests and purchasing habits. You hereby grant us and our agents, licensors, subcontractors, third party providers and suppliers a royalty-free, non-exclusive license to use, store, copy and transmit your User Content for the purpose of providing the Application and the Program to you. Except as explicitly set forth in this Agreement, we do not assume any responsibility or obligation for User Content including, but not limited to, any obligation to review or monitor User Content. If we receive an order from a court, governmental or regulatory authority to disclose User Content, we reserve the right to disclose User Content.

You agree that you shall not use the Application to upload, post, communicate or otherwise submit or transmit through, or to, the Application any User Content that:

a. may, in the sole and absolute discretion of Sulwhasoo, degrade, tarnish or deprecate Sulwhasoo, and/or the public image or standing in the community of Sulwhasoo, any of its affiliates, the Application, or any other products or services of Sulwhasoo;
b. is deemed, in the sole and absolute discretion of Sulwhasoo, to be defamatory, trade libelous, pornographic or obscene;
c. is deemed, in the sole and absolute discretion of Sulwhasoo, to contain, depict, include, discuss or involve, without limitation, any of the following: derogatory characterizations of any ethnic, racial, sexual, religious or other groups; content that endorses, condones and/or discusses any illegal, inappropriate or risky behaviour or conduct; personal information of individuals without their consent, including, without limitation, names, telephone numbers and addresses (physical or electronic); conduct or other activities in violation of this Agreement, or any other agreement you may have with Sulwhasoo; and/or any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by Sulwhasoo in its sole and absolute discretion;
d. contains any reference to or likeness of any identifiable individuals, unless consent has been obtained from each such individual and his/her parent/legal guardian if he/she is under the legal age of majority in his/her jurisdiction of residence;
e. is in any way disparaging, or might be seen to be disparaging, to Sulwhasoo or any of its affiliates;
f. infringes, or might infringe, the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others or give rise to any claims whatsoever;
g. contains any viruses, Trojan horses, time bombs, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
h. violates any applicable law, statute or regulation; and/or
i. contains (in any format or media) any music, logos, trade-marks or other copyrighted materials (including, but not limited to, photographs, pictures, texts and lyrics) unless you have first obtained all necessary consents and permissions from the owner or owners of such materials.
You agree that you shall not use the Application to:
a. disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of the Application, or any Sulwhasoo system;
b. collect information about others without their consent; and/or
c. upload, post, email, transmit or otherwise make available any content that you do not have the right to disclose or make available.

18. Accuracy and Changes

Facts and information provided by Sulwhasoo on or through the Application are believed to be accurate when placed on the Application. Changes may be made at any time to the Application Content without prior notice. Please consult Sulwhasoo for complete and up-to-date information.

19. Disclaimer and Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PROGRAM, THE APPLICATION AND APPLICATION CONTENT (INCLUDING, WITHOUT LIMITATION, THE INFORMATION) ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS, CONDITIONS OR WARRANTIES WHATSOEVER. THE ENTIRE RISK ASSOCIATED WITH THE USE OF THE APPLICATION AND APPLICATION CONTENT RESIDES WITH YOU. SULWHASOO EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL OTHER REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, NON-INTERFERENCE AND/OR QUIET ENJOYMENT, SYSTEM INTEGRATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND DATA ACCURACY.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SULWHASOO MAKES NO REPRESENTATION OR WARRANTY THAT: (I) THE APPLICATION WILL BE COMPATIBLE WITH YOUR MOBILE DEVICE AND SOFTWARE; (II) THE APPLICATION WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; (III) THE USE OF THE APPLICATION, INCLUDING, WITHOUT LIMITATION, THE BROWSING, DOWNLOADING, TRANSMISSION, OR RECEIPT OF ANY INFORMATION, WILL BE SECURE OR FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE, INTRUSIVE OR DISRUPTIVE COMPONENTS; (IV) THE TRANSMISSION OF INFORMATION TO AND FROM THE APPLICATION WILL BE SECURE; (V) THE USE OF THE APPLICATION WILL NOT INFRINGE THE RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; OR (VI) THE USE OF THE APPLICATION WILL NOT CAUSE ANY DAMAGE TO YOUR MOBILE DEVICE, SOFTWARE OR ELECTRONIC FILES.

SULWHASOO AND THE RELEASEES ARE NOT RESPONSIBLE FOR LATE, LOST, INCOMPLETE, DELAYED, INACCURATE, GARBLED, UNDELIVERED, MISDIRECTED POINTS, REWARDS, OR OTHER ERRORS OR PROBLEMS OF ANY KIND RELATING TO OR IN CONNECTION WITH THE PROGRAM OR APPLICATION, WHETHER PRINTING, TYPOGRAPHICAL, TECHNICAL, COMPUTER, NETWORK, HUMAN, MECHANICAL, ELECTRONIC OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ERRORS OR PROBLEMS REGARDING THE ADMINISTRATION OF THE PROGRAM, THE TABULATION OF POINTS, THE ISSUANCE OF REWARDS OR IN ANY PROGRAM-RELATED MATERIALS.

SULWHASOO WILL NOT BE LIABLE AND ASSUMES NO RESPONSIBILITY FOR ANY LOSS OR DAMAGES ARISING FROM OR IN CONNECTION WITH: (I) ANYTHING RELATED TO YOUR SYSTEMS (INCLUDING, BUT NOT LIMITED TO, YOUR FAILURE TO SECURE AND SAFEGUARD YOUR SYSTEMS, ID CODES OR PASSWORDS); (II) ANY ACCESS, INABILITY TO ACCESS, FAULT OR FAILURE OF THE APPLICATION CAUSED DIRECTLY OR INDIRECTLY BY YOUR SYSTEMS OR ANY THIRD PARTY SERVICE, SERVICE PROVIDER, NETWORK, INFORMATION, USER OR COMPUTING RESOURCE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT, LOSS, CORRUPTION OR DESTRUCTION OF YOUR DATA; OR (IV) ANY OTHER ACT OR OMISSION OF ANY THIRD PARTY.

ANY AND ALL INFORMATION CONTAINED ON OR WITHIN THE APPLICATION IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO PROVIDE SPECIFIC ADVICE AND SHOULD NOT BE RELIED UPON IN THAT OR ANY OTHER REGARD.

ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE APPLICATION ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED. THE INFORMATION AVAILABLE ON OR THROUGH THE APPLICATION IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SULWHASOO WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER ARISING FROM, CONNECTED WITH, OR RELATING TO THE PROGRAM, THE APPLICATION OR APPLICATION CONTENT. YOU EXPRESSLY ACKNOWLEDGE THAT SULWHASOO HAS ENTERED INTO THIS AGREEMENT WITH YOU AND MAKES THE APPLICATION AVAILABLE TO YOU, IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND SULWHASOO. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF A FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY, OR TERMINATION OF THIS AGREEMENT.

20. Electronic Transmissions

The transmission of data or information over the internet or other forms of networks may not be secure, and is subject to possible loss, interception or alteration while in transit. Sulwhasoo does not assume any liability for any damage you may experience or costs you may incur as a result of any electronic transmissions over the internet, other forms of networks or otherwise while using the Application. In no event will the information you provide on or through the Application be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without your consent. We ask that you please not send personal or financial information to us using unencrypted e-mail messages. You should take reasonable and appropriate precautions to ensure compatibility of the Application software with your specific mobile device.

21. Privacy

Without limiting the generality of this Agreement, your use of the Application is also subject to the terms of our Privacy Policy. Please carefully review our Privacy Policy. By using the Application, you signify that you have read, fully understand and agree to the processing of information set out in our Privacy Policy.

22. No Duty Correct Errors

Without limiting any other provision of this Agreement, you acknowledge and agree that Sulwhasoo has no obligation under this Agreement to correct any defects or errors in the Application, regardless of whether you inform Sulwhasoo of such defects or errors or Sulwhasoo otherwise is, or becomes aware of, such defects or errors. To the extent Sulwhasoo provides you with any updates or upgrades to the Application, such updates and upgrades shall be deemed to constitute part of the Application and shall be subject to all terms and provisions set forth in this Agreement, including, without limitation, terms and provisions related to licenses, use restrictions, ownership and distribution of the Application.

23. Trade-Marks and Copyright

Certain names, graphics, logos, icons, designs, words, titles or phrases contained within the Application and/or Application Content may constitute trade names, registered or unregistered trade-marks or service marks (collectively, “Trade-marks”) of Sulwhasoo or other entities. Trade-marks may be registered in Canada and in other countries as applicable. All Trade-marks not owned by Sulwhasoo are the property of their respective owners, and, where used by Sulwhasoo are used under license or with permission. All Trade-marks are and shall remain the sole and exclusive property of their respective owner(s). Any use of such Trade-marks, except as expressly provided for herein, without the express written consent of the applicable owner is strictly prohibited. Nothing contained herein or on this Application may be construed as granting, by implication, estoppel, or otherwise, any license to use any Trade-mark(s). You agree that you will not take any actions inconsistent with Sulwhasoo’s ownership of, or any third party’s ownership of, the Trade-marks.

24. Governing Law and Jurisdiction

If you are resident outside of Quebec, this Agreement, the Program, your use of the Application, and all related matters shall be governed solely by the laws of the Province of Ontario, Canada and the applicable federal laws of Canada, without regard to the conflicts of law provisions of any jurisdiction. You hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario in the City of Toronto in relation to all disputes arising from or related to this Agreement, your use of the Application and any related matters.
If you are a resident of Quebec, this Agreement, the Program, your use of the Application, and all related matters shall be governed solely by the laws of the Province of Quebec, Canada and the applicable federal laws of Canada, without regard to the conflicts of law provisions of any jurisdiction. You hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Quebec in the City of Montreal in relation to all disputes arising from or related to this Agreement, your use of the Application and any related matters.

25. Termination

If you breach any provision of this Agreement, we may in our discretion terminate this Agreement, and you may no longer use the Application, or participate in the Program. We may, in our sole discretion, suspend or terminate, temporarily or permanently, this Agreement, the Program, the Application or any part thereof or any of its features at any time, for any reason, without any notice or liability to you or any other entity. If this Agreement or your permission to participate in the Program, or use the Application is terminated by us for any reason, then to the extent permitted by the applicable law, any Points that you have earned under this Agreement will expire and become void.
The agreement formed by your acceptance of this Agreement will continue to apply and be binding upon you in respect of your prior participation in the Program, use of the Application and anything relating to or arising from such participation/use. If you are dissatisfied with the Program or the Application, then your sole and exclusive remedy is to discontinue participating in the Program and using the Application.

26. Application Updates, Modifications and Deletions

From time to time, we may update, upgrade, modify, delete or stop supporting the Application or any of its components for any reason, including, without limitation, to enhance Application functionality or stability or to address potential safety or security concerns. You agree that we may at any time automatically update, upgrade, modify, delete, or stop supporting the Application. If the Application is updated, upgraded or modified, whether to enhance or correct features or functionality, then this Agreement will apply to the updates, upgrades and modifications in addition to any other terms that are presented to you in connection with the update, upgrade or modification. We have no obligation to provide any customer support for the Application, or any updates.

27. Changes to this Agreement

We reserve the right to amend or modify this Agreement, in whole and in part, at any time and from time to time. Where permitted by applicable law, this may include without limitation, changes to the requirements to participate in the Program, changes to the rate at which Points are earned, changes to the Tiers, changes to the Rewards and benefits available, and changes to the amount of Points required to earn a particular Reward or benefit, (including, where required by applicable law, changing the number of Points required to earn a particular Reward or benefit in a manner proportionate to any increase in retail value of the Reward or benefit).
Where required by applicable law, we will notify you of any changes to this Agreement at least sixty (60) days before the modification comes into effect. In addition where required by law or at our discretion, we will provide you notice using email and/or your mailing address, or any other contact information we have for you in our discretion. Where required by law or at our discretion, this notice will be provided at least sixty (60) days before the change comes into effect (or such longer period as may be required by applicable law) and will as required by law set out the new clause, or the modified clause and how it read formerly, and the date on which the change will come into effect. Before the change comes into effect, you may cancel this Agreement rather than accept the change. To the fullest extent permitted by law, as your sole remedy and where required by law, you may refuse the modification and rescind, or cancel this Agreement without cost, penalty, cancellation fee or cancellation indemnity, by providing us with notice to that effect no later than thirty (30) days after the modification comes into force, using the information in the notice, if the change results in increased obligations to you or a reduction of obligations on us. To the fullest extent permitted by applicable law, your continued access to and/or use of the Service, after the date specified in such notice constitutes your full acceptance of, and agreement to be legally bound by, this Agreement, as modified.

28. General

These Terms constitute the entire agreement between you and Sulwhasoo regarding the Program, Points, Rewards, the benefits of the Program, and the Application, and supersede all previous versions. If any provision of this Agreement is held invalid or unenforceable by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of this Agreement shall continue in full force and effect. No failure to exercise or waiver of any provision of this Agreement shall be deemed a further or continuing waiver of such provision or any other provision of this Agreement. This Agreement is binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign this Agreement to any other party without our prior written consent, which consent may be withheld in our sole and absolute discretion.

29. Contact Us

Questions? If you have any questions or concerns this Agreement, please contact us at:

1235 Bay Street, Suite 700, Toronto, ON M5R 3K4

(416) 921-5000

sulwhasoo@ca.amorepacific.com