October 25, 2023

TERMS AND CONDITIONS

OVERVIEW

WELCOME TO THE DR.JART+ US WEBSITE (THE "SITE")
HAVE & BE USA INC. (“Dr. Jart”, “we”, “us”, or “our”) provides the content and services available on the Site to you subject to the following terms and conditions, our Privacy Policy, and any other terms and conditions and policies which you may find throughout our Site in connection with certain functionality, features or promotions as well as customer service, all of which are deemed a part of and included within these terms and conditions (collectively, “Terms and Conditions”).

 

THE SECTION BELOW TITLED “DISPUTES” CONTAINS A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER.  THEY AFFECT YOUR LEGAL RIGHTS.  PLEASE READ THEM.

 

You must be 18 years old or the age of majority in your jurisdiction in order to make a purchase on our Site.  If you are under 18 years old or the age of majority in your jurisdiction, then you may not make a purchase on our Site. By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions.  IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, YOU MAY NOT USE OUR SITE.

1. PRIVACY

Please review our PRIVACY POLICY for details about our personal information practices.

2. PRODUCTS AND SERVICES FOR PERSONAL USE

The products and services available on the Site, and any samples thereof we may provide to you, are for personal and/or professional use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us.  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 and Conditions.

3. PURCHASE RELATED POLICIES AND PROCEDURES

To view policies and procedures related to orders placed through this Site (such as order processing, shipping and handling, returns and exchanges), CLICK HERE.

4. ACCURACY OF INFORMATION

We attempt to be as accurate as possible when describing our products on the Site; however, we do not warrant that the product 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 reserves 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. We apologize for any inconvenience.

5. INTELLECTUAL PROPERTY

All information and content available on the Site and its look and feel, including but not limited to trademarks, logos, service marks, features, functions, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the "Content") is our property or the property of our parents, subsidiaries, our affiliates, partners or licensors, and is protected by United States and international laws, including laws governing copyrights and trademarks.

 

Except as set forth in the limited licenses in SECTION 6 below, or as required under applicable law, neither the Content nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.

6. LIMITED LICENSES

We grant you a limited, revocable, non-transferable and non-exclusive license to access and make personal use of the Site. This limited license does not include the right to: (a) frame or utilize framing techniques to enclose the Site or any portion thereof; (b) republish, redistribute, transmit, sell, license or download the Site or any and/or all Content (except caching or as necessary to view the Site); (c) make any use of the Site or any and/or all Content other than personal use; (d) modify, reverse engineer or create any derivative works based upon either the Site or any and/or all Content; (e) collect account information for the benefit of yourself or another party; (f) use any meta tags or any other "hidden text" utilizing any and/or all Content; or (g) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. You must retain, without modification, all proprietary notices on the Site or affixed to or contained in the Site.

 

We also grant you a limited, revocable, non-transferable and nonexclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to the Site (i) may link to, but not replicate, any and/or all of our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages (as determined in our sole discretion); (v) may not 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; and/or (vi) may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking.

 

Any unauthorized use by you of the Site or any and/or all of our Content automatically terminates the limited licenses set forth in this SECTION 6 without prejudice to any other remedy provided by applicable law or these Terms and Conditions.

7. YOUR OBLIGATIONS AND RESPONSIBILITIES

In the access or use of the Site, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Site. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to us, our parents, subsidiaries, affiliates, partners or licensors.

8. 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.  You may choose to create an account at our Site if you are over eighteen (18) years of age. Do not register if you are not over eighteen (18) years of age. If you are over eighteen (18) years of age and do register, you will have an email address/username and password for your account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. If there has been an unauthorized use of your password or account, please notify us immediately. You are responsible for keeping such information current, complete, accurate and truthful. You agree to accept responsibility for all activities that occur with your permission or authorization under your account, username and/or password, or because you fail to maintain sufficient security over your account, username and/or password.  If you are accessing and using the Site on someone else’s behalf, you represent that you have the authority to bind that person as the principal to all Terms and Conditions provided herein, and to the extent you do not have such authority you agree to be bound to these Terms and Conditions and to accept liability for harm caused by any wrongful use of the Site or Content resulting from such access or use. You may cancel your online account with us at any time.

 

We reserve the right to refuse service and/or terminate accounts, without prior notice if these Terms and Conditions are violated or if we decide, in our sole discretion, that it would be in our best interests to do so.

9. THIRD PARTY LINKS

We are not responsible for the content of any off-website pages or any other websites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our parents, subsidiaries, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking 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 and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.

10. SPECIAL FEATURES, FUNCTIONALITY AND EVENTS

The Site may offer certain special features and functionality or events (such as contests, sweepstakes or other offerings) which may (a) be subject to terms of use, rules and/or policies in addition to or in lieu of these Terms and Conditions; 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.

11. SUBMISSIONS

It is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with regard to unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas or other information you provide us (collectively, "Submissions") will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy, by transmitting or posting any Submission, you hereby grant us a worldwide, non-exclusive, unrestricted, royalty-free, perpetual, irrevocable, assignable right and license to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign the Submission in any way as we see fit, including but not limited to copying in whole or in part, creating derivative works from, distributing and displaying any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, or using the Submission within or in connection with our products or services. You also acknowledge that your Submission will not be returned and we may use your Submission, 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.

 

If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.

12. USER CONTENT

When you transmit, upload, post, share, distribute, reproduce, e-mail or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials (“User Content”) on the Site in any manner (including, but not limited to, through the “Contact Us” form), you are entirely responsible for such User Content. Such User Content constitutes a Submission under SECTION 11 above. This means that all third parties, and not we, are entirely responsible for all User Content that they post to the Site. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing or otherwise making available on the Site User 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; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. 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 further agree not to (i) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity, including without limitation a forum leader, guide or host; (ii) "stalk" or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way; (iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content; (iv) intentionally or unintentionally violate any applicable local, state, national or international law; or (v) collect or store personally identifiable data about other users.

 

We do not endorse or control the User Content transmitted or posted on the Site and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Site. 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 User Content.

 

You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and we reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.

 

DELETION OF USER CONTENT

If you wish to delete certain of your public User Content, such as your ratings and reviews posting(s), on the Site or in connection with our mobile applications, please contact us by email at customerservice@drjart.com and include the following information in your deletion request: first name, last name, user name/screen name (if applicable), email address associated with our website and/or mobile applications, your reason for deleting the posting, and date(s) of posting(s) you wish to delete (if you have it).  We may not be able to process your deletion request if you are unable to provide such information to us. Please allow up to 10 business days to process your deletion request.

13.  COPYRIGHT INFRINGEMENT NOTICES

We respect the intellectual property of others and require that users of the Sites do the same. We also maintain a policy that provides for the termination in appropriate circumstances of the Sites’ use privileges of 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


NOTE: THE ABOVE CONTACT INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING US THAT COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS AND SHOULD BE DIRECTED TO OUR CUSTOMER SERVICE GROUP BY EMAIL TO CUSTOMERSERVICE@DRJART.COM

14. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

THE SITE AND ITS CONTENT AND SERVICES ARE PRESENTED "AS IS." 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 SITE TERMS AND CONDITIONS OR THE SITE OR ITS CONTENTS OR SERVICES.

 

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 (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES (f) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (g) EVENTS BEYOND OUR REASONABLE CONTROL.

 

FURTHER, NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE OR YOUR USE THEREOF, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY FOR SUCH CLAIMS EXCEED ONE HUNDRED DOLLARS ($100.00).

 

YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH THE SITE, TERMINATION OF YOUR USE OF THE SITE IS YOUR SOLE REMEDY.  WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.

15. INDEMNIFICATION

You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand arising from (i) your use of the Sites or the Site Content in violation of any law, rule, regulation or these Terms and Conditions, or (ii) any part of your User Content. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

16. DISPUTES

THIS SECTION SETS FORTH THE TERMS AND CONDITIONS PURSUANT TO WHICH DISPUTES BETWEEN YOU AND DR. JART WILL BE RESOLVED THROUGH INDIVIDUAL ARBITRATION (“ARBITRATION AGREEMENT”). PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND DR. JART 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 DR. JART 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 Dr. Jart agree that in the event that there are one hundred (100) or more individual Demands of a substantially similar nature filed against Dr. Jart 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 Dr. Jart if the party seeking the appointment of the Procedural Arbitrator is Dr. Jart. The Procedural Arbitrator’s fees shall be shared equally by the you and Dr. Jart if you are the party seeking the appointment of the Procedural Arbitrator.


You and Dr. Jart 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.


The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.


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 Dr. Jart 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.

17. CONSENT TO RECEIVE NOTICES ELECTRONICALLY BY POSTING ON THE SITE AND VIA EMAIL

You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which these Terms and Conditions 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 CUSTOMERSERVICE@DRJART.COM and discontinue your use of this Site. In such event, all rights granted to you pursuant to these Terms and Conditions, including but not limited to the limited licenses set forth in SECTION 6 hereof, shall automatically terminate. Unfortunately, we cannot provide the benefits of this Site to any user that cannot consent to receipt of Notices electronically. Please note that this consent to receive Notices is entirely separate from any election you may make with respect to receipt of marketing communications. Your options with respect to receipt of marketing communications are set forth in our PRIVACY POLICY.

18. GENERAL

You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.

 

We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site and providing notice of such change. Any changes are effective immediately upon posting to the Site and release of notice of such change. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.

 

Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions 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 and Conditions unenforceable or invalid as a whole but these Terms and Conditions 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 and Conditions are for convenience only and shall not be used in its interpretation.

 

If you have any questions regarding these Terms and Conditions, please email us at CUSTOMERSERVICE@DRJART.COM.

PRIVACY POLICY

Date of Last Update: Sep 1st, 2021


Have & Be USA Inc. (“Dr.Jart+, we, us, or our”) respects your privacy and values the relationship we have with you. This Privacy Policy describes the types of personal information we collect, how we use the information, with whom we share it, and the choices available regarding our use of the information. We also describe the measures we take to protect the security of the information and how to contact us about our privacy practices.


Dr.Jart+ products are available for sale in many places—online at www.drjart.com and at third-party retail locations. This Privacy Policy applies to the personal information collected on www.drjart.com and any website, mobile application or document that refers to this Privacy Policy. Unless otherwise indicated at the time that you provide your personal information, any personal information collected at third-party retail locations is not provided to us and is not subject to this Privacy Policy.

We may collect or may have collected the following categories of information about you. In some cases, the information we collect may fall within more than one category.


Contact information and personal identifiers, such as your name, address, email address, telephone number, and username or social media handle.
Device identifiers, such as information about your device like your MAC address, IP address, or other online identifiers.
Demographic information, such as your age, sex, and gender (some of which may be protected by applicable law).
Physical characteristics, such as your hair type and color, skin type, and eye color.
Commercial information, such as the products or services you have purchased, returned or considered, and your product preferences.
Payment information, such as your method of payment and payment card information (including payment card number, expiration date, delivery address and billing address).
Identity verification information, such as authentication information (like passwords).
Online or network activity information, such as information regarding your interaction with our website, mobile applications, digital properties, and advertisements, information about your browsing and search history on our website or mobile applications, and log file information which includes, but may not be limited to, your browser type, webpages you visit, and other electronic network activity.
Geolocation information, such as information that can help identify your physical location (like your GPS coordinates or the approximate location of your mobile device).
Audio and visual information, such as recordings of your voice when you call our customer service.
Professional or employment-related information, such as information from your resume, employment history, education information, and professional licenses or certifications.
Health and medical information, such as skincare concerns, diagnoses, medical reports and history.
User Content, such as your communications with us and any other content you provide (including photographs and images, videos, reviews, articles, survey responses and comments).
Inferences drawn from or created based on any of the information identified above.

We may collect or may have collected personal information about you from various sources. The categories of sources from which we collect personal information are:

Directly from you, such as when you make a purchase on our website, contact us with a question or complaint, use one of our mobile applications, create an account on our website, respond to a survey, participate in a contest or other promotion, make an appointment, sign-up to attend an event, apply for employment, or sign-up to receive marketing communications.
From your friends or family members, such as when your friend or family member sends you a gift or makes a referral.
Cookies and automatic collection methods. When you visit our website or use one of our mobile applications, and when you open or click on emails we send you, we (and third parties we work with) may automatically collect information from your browser or device using technologies such as cookies, web beacons, pixel tags, and similar technologies. Cookies are small text files that websites send to your computer or other Internet-connected device to uniquely identify your browser or to store information or settings in your browser. Web beacons or pixel tags are small images which are embedded into our website or emails that provide us with information about your browser or device, or whether you open or click on the emails we send you. These technologies enable us, or the third parties who place such technologies, to collect information such as device identifiers and online or other network activity information.
Through offline technologies, such as call recording technology when you speak to customer service.
From our business partners and service providers, such as demographic companies, analytics providers, advertising companies and networks, third-party retailers, and other third parties that we choose to collaborate or work with.
From social media platforms and networks, such as Facebook, Twitter, Pinterest, and Instagram. For example, we may obtain your information from a social media platform or network if you interact with us on social media or choose to log-in to our website using your social media credentials.
• From other Estee Lauder Companies brands or affiliates that you have interacted with.

We may use or may have used the information we have about you:

• To provide products and services to you, such as fulfilling orders and processing payments, creating, servicing and/or maintaining your account, assisting with product selection and replenishment, and managing current or past purchases.
• To communicate with you, including to respond to your inquiries or complaints, and to help you place an order.
• To administer your participation in special events, contests, sweepstakes, surveys, and promotions.
• For marketing and advertising, such as to send you marketing and advertising materials via postal mail, text message or email, and to show you advertisements for products and/or services tailored to your interests on social media and other websites.
• For analytics purposes, such as to understand how you use our website and mobile applications, understand your preferred method of purchasing with us; determine what browser and devices you use to visit our website or mobile applications; and to evaluate and improve our products, services, advertisements, website and mobile applications.
• To operate and improve our business, including to respond to employment applications, provide quality assurance, conduct research and development to develop new products and services, and perform accounting, auditing and other internal business functions.
• For legal and security purposes, such as to detect, prevent, and prosecute harmful, fraudulent, or illegal activity, loss prevention, identify and repair bugs on our website or mobile applications, and to comply with applicable legal requirements, relevant industry standards and our policies.



We also may use or may have used the information in other ways for which we provide specific notice at the time of collection.

We may share or may have shared your personal information with:

Our corporate brands and affiliates. For a list of our corporate brands see https://www.elcompanies.com/en/our-brands and for a list of our corporate affiliates see https://www.elcompanies.com/en/news-and-media/contact-us.
Service providers. We may transfer personal information to service providers who perform services on our behalf based on our instructions. We do not authorize these service providers to use or disclose the information except as necessary to perform services on our behalf or comply with legal requirements. Examples of these service providers include entities that process credit card payments, fulfill orders, and that provide website and application functionality, hosting, analytics, advertising and marketing services.
Parties to a corporate transaction. We also reserve the right to transfer personal information we have about you in the event we sell or transfer all or a portion of our business or assets (including in the event of a merger, acquisition, joint venture, reorganization, divestiture, dissolution, or liquidation).
Advertising Companies. We work with third party advertising companies (such as advertising networks) to serve advertisements on our behalf. For additional information, see the Cookies, Targeted Advertising & Analytics section.
Other third parties. In addition, we may disclose personal information about you (i) if we are required to do so by law or legal process, (ii) to law enforcement authorities or other government officials, (iii) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss, or in connection with an investigation of suspected or actual fraudulent or illegal activity, (iv) when disclosure of your personal information is otherwise required or permitted by law, or (v) with your consent.

Accessing, Updating and Modifying Personal Information

Subject to applicable law, you may have the right to request access to and receive details about the personal information we maintain about you, update and correct inaccuracies in your personal information, and have the personal information deleted, as appropriate. These rights may be limited in some circumstances by local law. We may take reasonable steps to verify your identity before granting access or making corrections. You may request to access, change or delete your personal information through our Privacy Request Portal.


Email Opt-Out

You can opt-out of receiving marketing or clienteling communications by email by following the instructions within the emails you receive from us or by contacting us through our Privacy Request Portal. Please note that your opt-out request is specific to the particular type of email communication you receive from us. For example, if you opt-out from a clienteling email, you will no longer receive clienteling email communications, but you may still receive email marketing communications from us. Further, if you opt-out from both clienteling email communications and marketing email communications, we may still send you transactional or operational emails. Examples of transactional or operational emails include, purchase or shipping confirmations, password resets, profile updates or other account related messages.


Postal Mail Opt-Out

You can opt-out of receiving marketing communications by postal mail by following the instructions that may be included in a particular promotion. You also can request that we refrain from sending you promotional postal mail by contacting us through our Privacy Request Portal.


Text Message Opt-Out

You can opt-out of receiving text messages from us by replying STOP to the text message you receive from us or making a request through our Privacy Request Portal. Please note that this will only opt you out of the specific text messaging program associated with that number.


Push Notifications Opt-Out

When you download one of our mobile applications or when you visit our website, we may provide you with the option to receive push notifications. You may opt-out of receiving push notifications by adjusting the settings on your mobile device or browser.


Geolocation Information Opt-Out

When you use one of our mobile applications, we may ask you to share your location. You may choose not to share your geolocation details by adjusting your mobile device’s location services settings.

Cookies

Cookies are small text files that websites send to your computer or other Internet-connected device to uniquely identify your browser or to store information or settings in your browser. We use different types of cookies on our website, including performance cookies, functional cookies and targeting cookies. For details on these types of cookies and information on how to opt-out, click here: Cookie Settings.


Please note that your opt-out only applies to the browser you use to submit your opt-out, so if you use multiple browsers or devices, you must opt-out on each browser, on each device. Your opt-out is enabled using cookies so once you opt-out, if you delete your browser’s saved cookies on a device, you will need to opt-out again on that browser on that device.

Targeted Advertising

We work with third party advertising companies (such as advertising networks) to serve advertisements for us. These advertising companies may use cookies and other technologies to collect device identifiers, online or network activity information, commercial information, or inferences, such as information about the websites you visit over time and the advertisements you click on, in order to deliver advertisements that are targeted to you. You can opt-out of this form of targeted advertising from the companies we work with by changing your Cookie Settings. Please note that even if you opt-out of this form of targeted advertising, you may still see ads from us, but the ads will not be targeted based on behavioral information about you. To learn more about this type of advertising in general, visit the Digital Advertising Alliance at www.aboutads.info/choices or the Network Advertising Initiative at www.networkadvertising.org/choices.

We also work with third-party platforms, including platforms operated by social networks, such as Google, and Facebook, to show you advertisements or measure the effectiveness of our advertisements. We may convert your email address, telephone number, or other information into a unique value and have these third-party platforms match this unique value with a user on their platform or with other data they may have. This matching enables us to deliver advertisements to you and others on these platforms. You also can request that we refrain from using your personal information in this way by contacting us through our Privacy Request Portal.


Do Not Track and Advertising Across Different Websites

We currently do not change our tracking practices in response to “do-not-track” signals or other similar mechanisms. Third parties that have content or services on our website such as a social feature, an analytics service, or an advertising network partner, may obtain information about your browsing or usage habits. These third parties do not change their tracking practices in response to “do-not-track” signals from your web browser and we do not obligate these parties to honor “do-not-track” signals. To learn more about browser tracking signals and “Do Not Track,” please visit https://allaboutdnt.com.


Analytics Services

We may use analytics services, such as Google Analytics, on our website, our social media pages, or our mobile applications to help us evaluate and analyze how visitors use these platforms. For specific details on how Google collects and uses information on our website, social media pages, or mobile applications, please visit: How Google Uses Data.

We may transfer the personal information we have about you to countries other than the country in which the information was originally collected and your personal information may be processed and stored outside of your country of residence. Those countries may not have the same data protection laws as your country of residence and your personal information will be subject to applicable foreign laws. When we transfer your information to other countries, we will protect that information in the manner described in this Privacy Policy.

This website is not intended for or directed to children under the age of thirteen and we do not knowingly collect personal information from children under the age of thirteen on the website. If we become aware that a child under the age of thirteen has provided us with personal information, we will delete the information from our records.

We maintain reasonable administrative, technical, and physical safeguards designed to protect the personal information you provide against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure, or use.

Our website or mobile applications may provide links to other websites for your convenience and information. These websites may operate independently from us. Linked websites may have their own privacy notices or policies, which we strongly suggest you review if you visit any linked websites. To the extent any linked websites you visit are not owned or controlled by us, we are not responsible for the websites’ content, any use of the websites, or the privacy practices of the websites.

This Privacy Policy may be updated periodically and without prior notice to you to reflect changes in our personal information practices. We will post a prominent notice on our website to notify you of any significant changes to our privacy practices and indicate at the top of the Privacy Policy when it was most recently updated.

If you have any questions or comments about this Privacy Policy, please contact us by email at privacy@estee.com

If we need, or are required, to contact you concerning any event that involves your personal information, we may do so by telephone or email.

Disclosures of Personal Information
We may disclose or may have disclosed your personal information to certain categories of third parties, as described below.

CategoryDisclosed to Third Parties
Contact information and personal identifiersWe may disclose or may have disclosed this information to:
• our corporate brands and affiliates
• service providers
• fraud detection providers
• law enforcement authorities or other government officials where required or permitted by law
Device IdentifiersWe may disclose or may have disclosed this information to:
• our corporate brands and affiliates
• service providers
• fraud detection providers
• law enforcement authorities or other government officials where required or permitted by law
Demographic informationWe may disclose or may have disclosed this information to:
• our corporate brands and affiliates
• service providers
• law enforcement authorities or other government officials where required or permitted by law
Physical characteristicsWe may disclose or may have disclosed this information to:
• our corporate brands and affiliates
• service providers
• law enforcement authorities or other government officials where required or permitted by law
Commercial informationWe may disclose or may have disclosed this information to:
• our corporate brands and affiliates
• service providers
• fraud detection providers
• law enforcement authorities or other government officials where required or permitted by law
Payment informationWe may disclose or may have disclosed this information to:
• our corporate brands and affiliates
• service providers
• fraud detection providers
• law enforcement authorities or other government officials where required or permitted by law
Identity verification informationWe may disclose or may have disclosed this information to:
• our corporate brands and affiliates
• service providers
• fraud detection providers
• law enforcement authorities or other government officials where required or permitted by law
Online or network activity informationWe may disclose or may have disclosed this information to:
• our corporate brands and affiliates
• service providers
• fraud detection providers
• law enforcement authorities or other government officials where required or permitted by law
Geolocation informationWe may disclose or may have disclosed this information to:
• our corporate brands and affiliates.
• service providers
• fraud detection providers
• law enforcement authorities or other government officials where required or permitted by law
Audio and visual informationWe may disclose or may have disclosed this information to:
• our corporate brands and affiliates.
• service providers
• law enforcement authorities or other government officials where required or permitted by law
Professional or employment related informationWe may disclose or may have disclosed this information to:
• our corporate brands and affiliates.
• service providers
• law enforcement authorities or other government officials where required or permitted by law
Health and medical informationWe may disclose or may have disclosed this information to:
• our corporate brands and affiliates.
• service providers
• law enforcement authorities or other government officials where required or permitted by law
User ContentWe may disclose or may have disclosed this information to:
• our corporate brands and affiliates.
• service providers
• law enforcement authorities or other government officials where required or permitted by law
InferencesWe may disclose or may have disclosed this information to:
• our corporate brands and affiliates
• service providers
• law enforcement authorities or other government officials where required or permitted by law


These disclosures take place for the following business or commercial purposes:

• To audit our interactions with you to ensure compliance with applicable law and to measure the effectiveness of our products, services, and advertisements;
• To detect, prevent, and prosecute harmful, fraudulent, or illegal activity;
• To identify and repair bugs on our website or mobile applications; 
• To provide services, such as customer service, order fulfillment, and payment processing, which we either conduct or engage service providers to conduct on our behalf;
• For research and development;
• To further our business goals, including to advertise our products and services; and
• For quality assurance.



Sale of Personal Information


We do not sell your personal information for monetary consideration. However, California law may characterize our sharing of personal information with companies that provide services to us, such as companies that help us to market or advertise our products and services to you, as "sales”. We may “sell” or may have “sold” the following categories of personal information for valuable consideration to the third parties listed below:

CategorySold to Third Parties
• Device identifiers
• Online or network activity information
• Commercial information
• Inferences
We may sell or may have sold this information to:
• advertising companies

We do not have actual knowledge that we sell the personal information of minors under 16 years of age.



Financial Incentive


We may offer you various financial incentives such as discounts and special offers when you provide us with contact information and identifiers such as your name and email address. When you sign-up for our email list or other discounts and special offers, you opt-in to a financial incentive. You may withdraw from a financial incentive at any time by opting out from our emails. Generally, we do not assign monetary or other value to personal information, however, California law requires that we assign such value in the context of financial incentives. In such context, the value of the personal information is related to the estimated cost of providing the relevant financial incentive(s) for which the information was collected.



Your California Privacy Rights


You have the right to request, twice in a 12 month period, that we disclose to you the personal information we have collected, used, disclosed, and sold about you during the past 12 months. In addition, you have the right to request that we delete the personal information we have collected from you (subject to certain exceptions).


You can exercise your rights by submitting a request through our Privacy Request Portal or by contacting us at 1.800.814.6670. Before processing your request, we will take reasonable steps to verify your identity, which will include verifying that the email address from which you submit the request matches the email address we maintain on file for you. In order to ensure you are the owner of the email address, you must respond to a confirmation email that we will send to such email address. In some cases, we may ask that you provide additional information in order to verify your identity.



You may also designate an authorized agent to make a request on your behalf. The authorized agent may submit the request through our Privacy Request Portal and will be required to provide proof that they have been authorized to act on your behalf. If the authorized agent does not provide such proof, you will be required to confirm your identity and the authenticity of the request.


You can also opt-out of the sale of your personal information by emailing privacy@estee.com, or by clicking here: Do Not Sell My Personal Information.

 

We will not discriminate against you on account of your exercise of your California privacy rights. If you would like us to read this Privacy Policy to you, please contact us at 1.800.814.6670.