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TERMS OF USE

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TERMS OF USE

Please read these Terms of Use (the “Terms”) carefully. Use of this website signifies your (“you” “your” or “User”) compliance with, and agreement to be bound by, these Terms.


WHO WE ARE:


This website (the “Website”) is owned by GUERLAIN, a luxury perfume, skincare and cosmetic brand with its global headquarters in 68, avenue des Champs Elysée Paris (75008), France and its Canadian headquarters with its registered office located at:


885 Danells Drive,

E2M 5A9 St-John – New Brunswick

Canada


APPROPRIATE USE:


By using this Website, you agree: (a) not to attempt to gain unauthorized access to, disrupt or interfere with the security of, or otherwise abuse, the Website, any portion thereof, or any services, system resources, accounts, servers or networks connected to or accessible through the Website or affiliated or linked websites; (b) not to disseminate or transmit through or on this Website any “viruses” or other harmful, disruptive or destructive files; (c) not to use or attempt to use an account, service or system other than your own, or create or use a false identity on this Website; (d) not to use this Website for the dissemination or transmission of spam e-mail, chain letters, junk mail or any other type of unsolicited mass email to people whom have not agreed to be part of such mailings; (e) not to divulge your username and password to anyone else, either on or off the Website; and, (f) otherwise comply with all laws and requirements for use of this Website, including those that apply to the data that it contains.


DISCLAIMER:


While GUERLAIN strives to ensure this Website contains accurate and updated information, GUERLAIN does not warrant the accuracy and completeness of the information on this Website. The product information on this Website is provided for the convenience of Website users, however, GUERLAIN makes no guarantee, either express or implied, as to its accuracy or that the products displayed on the Website are always available. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content of this Website. GUERLAIN may make changes to the information on this Website, or to the products and prices described, at any time without notice. While GUERLAIN takes steps to ensure that the content of this Website is up-to-date, there may be times when the information published on this Website may refer to products, programs or services that are no longer available in your country or local area. This Website may include content provided by third parties. All statements and/or opinions expressed in any such third-party content, are solely the opinions of the person or entity providing such content and do not necessarily reflect the opinion of GUERLAIN who waives any responsibility or liability whatsoever regarding the accuracy or opinions set forth therein. To the furthest extent allowed by applicable law, the information provided on this Website are provided "as is" without any warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property.


LINKS TO OTHER WEBSITES:


The Website may include links to third-party websites, including links to GUERLAIN’s social media pages. If you choose to use these links, you will leave this Website. GUERLAIN does not control these linked websites and is not responsible for the availability of these websites or their content, including, without limitation, their advertising, products, services or any other material available on or from these websites. Please be sure to review the terms of use and privacy policies provided by the owners and operators of those websites. GUERLAIN does not endorse or make any representation about these websites, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to on this Website, you do this entirely at your own risk.


PRIVACY POLICY:


By using this Website, you confirm your consent to the GUERLAIN privacy policy (the “Privacy Policy”) which is accessible on this Website here. Please discontinue your use of this Website if you do not agree to the Privacy Policy. GUERLAIN reserves the right, in its sole discretion, to change, modify, add, or remove portions of the Privacy Policy at any time. Please check the Privacy Policy periodically for changes.


INFORMATION RIGHTS:


The content of this Website, including, without limitation, software, technical information, and other materials (collectively the “Information”) is the sole property of GUERLAIN and does not become the property of any User by virtue of use of the Website or any other reason.

Users may not modify the Information in any way or reproduce or publicly display, transmit, or distribute or otherwise use the Information for any commercial or other purpose. The Information on this Website is copyrighted, and any unauthorized use of the Information may violate copyright, trademark, and other laws. Failure to comply with these terms shall automatically terminate a User’s authorization to use the Website.


INTELLECTUAL PROPERTY:


The intellectual property rights in and to the Website, the Information, any software or other documents contained on the Website are the exclusive property of GUERLAIN. The Website, the Information, and any software necessarily used in connection with the Website or Information may contain confidential information protected by applicable law. The names, images and logos identifying GUERLAIN, or any third parties and their products and services are subject to copyright, design rights and trademarks of GUERLAIN and/or the third parties. Nothing contained in these terms shall be construed as granting any license or right to use any trademark, patent, design right, copyright or other intellectual property right of GUERLAIN, or any other third party.


USER SUBMISSIONS:


Any material, information or idea you transmit to or post on this Website by any means (collectively, "User Submissions" including, but not limited to e-mails sent using links provided on this Website) will be treated as non-confidential and non-proprietary, and may be disseminated or used by GUERLAIN or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. By providing any User Submission to the Website, you grant GUERLAIN and its affiliates and service providers, and each of their and our licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and according to your account settings and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You further waive any moral rights or other rights of authorship as a condition of submitting any User Submission. User is prohibited from posting or transmitting to or from this Website any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law. User may not post any material that violates copyright, trademark, or other proprietary rights (including rights of publicity and privacy). User will indemnify GUERLAIN, its parent, and its affiliates for any and all damages resulting from the User's actions or postings that violate any of these policies. GUERLAIN reserves the right to remove or refuse to post on the Website any User Submissions for any reason and to prohibit further postings by any User for violation of these standards, the whole at GUERLAIN’s sole discretion and without notice.


LIMITATION OF LIABILITY:


IN NO EVENT SHALL GUERLAIN, ITS PARENT, AFFILIATES, SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED ON THIS WEBSITE BE LIABLE FOR ANY DAMAGE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL DAMAGES AND THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITE LINKED TO THIS WEBSITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH LINKED WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE DATA AND INFORMATION PRESENTED ON THIS WEBSITE IS BELIEVED TO BE ACCURATE BUT SHOULD NOT BE RELIED UPON BY THE USER FOR ANY PURPOSE. ANY AND ALL LIABILITY FOR THE CONTENT OR ANY OMISSION FROM THIS WEBSITE INCLUDING ANY INACCURACIES, ERRORS, OR MISSTATEMENTS IN SUCH DATA OR INFORMATION IS EXPRESSLY DISCLAIMED. GUERLAIN DISCLAIMS ANY LIABILITY FOR USE OF GUERLAIN PRODUCTS IN APPLICATIONS OTHER THAN THOSE FOR WHICH THEY ARE DESIGNED.


APPLICABLE LAW AND COMPETENT COURTS:


This Website is intended for residents of Canada. Please visit our international websites if you are located in another country. GUERLAIN makes no representation that materials on this Website are appropriate or available for use outside the United States. Accessing the Website or any of its materials where their contents are illegal is prohibited. You may not use, export or re-export the materials on this Website or any copy or adaptation in violation of any applicable law or regulation including without limitation U.S. export laws and regulations. If you choose to access this Website from outside Canada, you do so on your own initiative and are responsible for compliance with applicable local laws. These Terms will be governed by and construed under the laws of the Canadian province of Quebec, without regard to its conflicts of laws rules. The courts of the Canadian province of Quebec shall have sole, exclusive and irrevocable jurisdiction to hear and determine any dispute or controversy arising under or concerning this Agreement.


CHANGES TO THE TERMS:


GUERLAIN reserves the right to modify these Terms, to align with changes in its practices, or company, or legal or compliance requirements. If the terms and conditions are changed, the new versions will be posted here. Please review the Terms of Use and Privacy Policy periodically to ensure that you are aware of them in relation to your use of the Website.


CONTACT US:


If you have any question relating to these Terms of Use or the Website, you may contact us by using the email form on the Website or write to us at Service Relation Clientèle, 125, rue du Président Wilson, 92593 Levallois Perret Cedex, FRANCE.



January 2020