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TERMS & CONDITIONS

My innisfree Rewards Canada Terms & Conditions

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Last updated on: May 25, 2020

Welcome to the INNISFREE website at [http://www.innisfree.com/ca/en] (the “Website”), operated by AMOREPACIFIC CANADA INC. (“we”, “us” or “our”).

By visiting our Website and/or purchasing something from us, you engage in our “Services” and agree to be bound by the following terms and conditions (“Terms of Use”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Use apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Use carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions in these Terms of Use, then you may not access the Website or use any Services. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.

1. Changes to Terms of Use

You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use without prior notice. It is your responsibility to check this page periodically for changes, which will go into effect on the last updated date specified above. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

2. Eligibility

You must be at least 13 years old to use the Website. If you are under the age of majority in your state of residence (a minor) your parent or legal guardian must agree to these Terms of Use on your behalf and you may only access and use the Website with permission from your parent or legal guardian. In order to make a purchase through the Website, you must be 18 or older (or at least the age of majority in your state) and have a valid credit card or other acceptable electronic payment method. Subject to these Terms of Use, you may not use the Website if you are unable to form a legal binding agreement with us.

3. Products and Services Use

The products and services available on the Website, including any samples that are provided, are for personal use only. You may not sell or resell, either directly or indirectly, any of the products, services, or samples that you purchase or receive from us. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws). We reserve the right, with or without notice, to cancel or reduce the quantity of any orders that we believe, in our sole discretion, may result in a violation of our Terms of Use.

In addition to other prohibitions as set forth in the Terms of Use, you are strictly prohibited from using the Website or Content for any unlawful, obscene or immoral purpose, or to:

• solicit others to perform or participate in any unlawful acts;
• violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
• violate, infringe, or misappropriate other people's intellectual property, privacy, publicity, or other legal rights;
• harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability, or to post or share anything that is otherwise objectionable;
• submit false or misleading information;
• upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
• collect or track the personal information of others;
• phish, pharm, pretext, spider, crawl, or scrape any portion of the Website;
• interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet;
• send unsolicited or unauthorized advertising or commercial communications, such as spam; or
• advocate, encourage or assist any third party in doing any of the foregoing.

We reserve the right to terminate your use of the Service or any related website for violating these Terms of Use or engaging in any of the prohibited uses.

4. Accuracy of Information

We attempt to be as accurate as possible when describing our products on the Website. However, to the extent permitted by applicable law, we do not warrant that the product descriptions, colours, images or any other content available on the Website are accurate, complete, reliable, current, or error-free.

The material on the Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Website is at your own risk. The Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Website at any time, but we have no obligation to update any information on the Website. You agree that it is your responsibility to monitor changes to the Website.

We undertake no obligation to update, amend or clarify information in the Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Website should be taken to indicate that all information in the Website has been modified or updated.

5. PURCHASES, PRICING and Orders

Purchase and Payment

Currently, the Website does not allow online purchases. Please visit our Innisfree retail stores to complete a purchase. Visit our Store Locator
(Link: http://www.innisfree.com/ca/en/store/storeList.do) for a location closest to you.

Prices

Prices will be those in effect at the time of purchase (in Canadian dollars) and unless otherwise specified, exclude taxes and shipping fees. Pricing is based upon product availability and subject to correction or change at any time without notice. You are responsible for payment of all applicable taxes. All products are subject to availability. The prices displayed on our Website may differ from prices that are available in stores, and our pricing may differ from store to store.

Occasionally we will offer special promotions to our customers. This can include a gift with purchase, free shipping, manufacturer offers, or other promotional activity associated with a product purchase. These offers may be for a limited time only.

We reserve the right to correct any errors, including, without limitation, publishing, descriptive, typographical, or any other similar errors. If you do not wish to continue your purchase after pricing or other information has been corrected, please contact us right away and we will work with you to cancel or return your order.

Orders

We reserve the right to accept, reject, refuse or cancel any order you place with us at any time without prior notice. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. We reserve the right to discontinue any product at any time. Any offer for any product or service made on the Website is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

6. Your Account and Personal Information

Your privacy is important to us, and your submission of personal information through the Website is governed by our Privacy Policy. Our Privacy Policy is incorporated into, subject to and made part of these Terms of Use. Please review our Privacy Policy at [https://www.innisfree.com/ca/en/customer/privacy.do].

7. My innisfree Rewards Program

By creating an account and registering as a member on the Website, you automatically become eligible for receiving certain benefits and rewards through My innisfree Rewards Program. Points awarded have no cash value (not redeemable for cash or cash equivalent), and may only be redeemed for discounts on innisfree products purchased in-stores. Points will automatically expire if no purchases made on My innisfree Rewards account for 12-month period following last purchase date. Please review the Terms and Conditions for My innisfree Rewards program available at [https://www.innisfree.com/ca/en/customer/terms.do] before you register as a member. You may still purchase our products and use our services, except the ones exclusively provided through My innisfree Rewards program, as a guest without participating in My innisfree Rewards program.

8. Third Party Links

Certain content, products and services available via the Website may include materials from third-parties. Links appearing on the Website are for convenience only and are not an endorsed by us, our affiliates or our partners of the referenced content, product, service, or supplier. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please carefully review the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

9. Intellectual Property

All information and content on the Website that is provided by us, including but not limited to its “look and feel,” trademarks, logos, service marks, slogans, product and character names, text, original artwork, graphics, button icons, photographs, images, screenshots, video and audio clips, music, digitally downloadable files, data compilations and software, and the compilation and organization thereof (“Content”) is subject to copyright, trademark, service mark, trade dress and other intellectual property rights or licenses held by AMOREPACIFIC CANADA INC., and is protected by Canadian and international laws.

You are authorized to access and use the Services and related Content solely for your personal, non-commercial use. You may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from any portion of the Services or Content on any media without our prior written or electronic approval. Your unauthorized use of the trademarks, service marks, trade dress and copyrighted material displayed on the Website is strictly prohibited.

10. Comment Submission Policy

We welcome your comments and feedback about us, the Services, or the Website. However, your submission of comments, feedback, questions, suggestions, notes, messages, ideas or other communications (“Comments”) shall constitute an assignment to AMOREPACIFIC CANADA INC. of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. We will be free to reproduce, use, disclose and distribute the Comments to others without limitation, and to use any ideas, concepts, know-how, content or techniques contained in the Comments for any purpose whatsoever, including, without limitation, the development, production and marketing of products and services that incorporate such information without any consideration or accounting. We are under no obligation to: (a) protect the Comments from disclosure; (b) to pay compensation for any Comments; or (c) to respond to any Comments.

11. User Content

You may upload, submit, store, send, or receive content and data (your “User Content”) through the Website or to us, as permitted through the Website or as solicited through our advertising campaigns or promotions. We may, for example, ask you to respond on social media platforms with a specific hashtag relating to a campaign or our brand. By directing those responses to us, those responses and submissions are considered “User Content” for the purposes of this Terms of Use.

When you upload, submit, send, or otherwise provide your User Content through the Website or to us, you are acknowledging and agreeing to the following:

• You confirm that you own all right, title and interest to your User Content, including any images, videos, and text included therein, and that your User Content does not infringe any intellectual property rights or violate privacy or publicity rights of any third party.
• You give us and our Affiliates permission to repost, share, regram, copy, display, distribute, reproduce, modify, communicate to the public by telecommunication, create derivative works of, or otherwise use (“Use”) your User Content on the Website, our social media feeds on Instagram and Facebook, print, email, display advertisements and other marketing channels (“Marketing Channels”), anywhere in the world and for any purpose. This permission does not expire.
• You understand that your User Content may appear in connection with our advertising and promotions, in public view.
• All "moral rights" and other non-assignable rights that you may have in User Content have been voluntarily waived by you in our favour and you do not require that any personal information be used in connection with the User Content that you submit, or any derivative works of or upgrades or updates thereto.
• We are under no obligation to compensate you (monetarily or otherwise) for our Use of your User Content now or in the future.
• We may remove your User Content from any Marketing Channel for any reason, or may just decide not to Use your User Content.
• You release us, and our respective directors, officers, employees, agents, representatives, successors and assigns from and against all liability relating to your permission and our Use of your User Content.
• If you are under the age of 18, you represent that a parent or legal guardian also agrees to above-mentioned terms on your behalf. You retain ownership of any intellectual property rights that you hold in your User Content.

12. Copyright Complaints

We respect the intellectual property rights of others. If you are a copyright owner or an agent thereof and believe that any content featured in the Marketing Channels infringes your copyright, or other intellectual property rights, please notify us by providing the following information:

• A description of your interest or right with respect to the copyright in the work or content.
• The date and time of the commission of the claimed infringement.
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
Failure to comply with the requirements above may render your notice invalid. Your notice should be sent to AMOREPACIFIC CANADA INC. – Legal Team, 1410 Broadway, Suite 210, New York, NY 10018. All other inquiries or complaints should be directed to customer service.

13. Disclaimer

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS. EXCEPT AS OTHERWISE SET FORTH IN THESE TERMS OF USE, THE WEBSITE AND ALL CONTENT AND SERVICES PROVIDED THEREUNDER, INCLUDING, WITHOUT LIMITATION, ANY MATERIALS, PRODUCTS OR SERVICES, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, LEGAL, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF QUALITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATION CONTENT, OR SYSTEM INTEGRATION. WE ALSO DISCLAIM ANY LIABILITY FOR CLAIMS ARISING OUT OF MISUSE, IMPROPER PRODUCT SELECTION, IMPROPER INSTALLATION, PRODUCT MODIFICATION, MISREPAIR OR MISAPPLICATION. WE DO NOT WARRANT THAT THE SERVICES WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. BY USING THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOUR USE IS AT YOUR SOLE RISK AND THAT AMOREPACIFIC CANADA INC. OR ITS EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, AND LICENSORS ("AFFILIATES") SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS WEBSITE OR SERVICES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AMOREPACIFIC CANADA INC. OR ITS AFFILIATES SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY SPECIAL, EXEMPLARY, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, COSTS OR ATTORNEY'S FEES ARISING OUT OF OR RELATING TO THESE TERMS OR THE ACCESS TO, USE OF OR OPERATION OF THE WEBSITE AND ALL CONTENT AND SERVICES PROVIDED THEREUNDER, INCLUDING, WITHOUT LIMITATION, ANY MATERIALS, PRODUCTS OR SERVICES, AND OUR AGGREGATE LIABILITY TO YOU SHALL BE LIMITED TO THE PURCHASE PRICE PAID FOR THE MATERIALS, PRODUCT AND/OR SERVICE THAT GIVES RISE TO SUCH LIABILITY.

Laws in certain jurisdictions do not allow the exclusion or limitation of implied or legal warranties or the exclusion or limitation of liability for incidental or consequential damages. To the extent such laws apply, some or all of the disclaimers, exclusions, or limitations set forth herein may not apply and other rights may be available. In such cases, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.

14. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify and hold us and our Affiliates harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Use, your violation of any law or the rights of a third-party or your User Content.

15. Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our Website. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination and/or accordingly may deny you access to our Services (or any part thereof).

16. Governing Law

Except to the extent that the laws of the Canadian province or territory in which you reside require that the laws of such jurisdiction apply, these Terms of Use will be governed by and construed in accordance with the laws of the Province of Ontario, without giving effect to any conflict of laws rules or provisions, the 1980 United Nations Convention on Contracts for the International Sale of Goods or other international laws.

Except to the extent that the laws of the Canadian province or territory in which you reside prohibit this choice of forum provision, any action relating to the use of the Website or any transaction with AMOREPACIFIC CANADA INC. must be brought in the courts located in Toronto, Ontario. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.

17. Miscellaneous

It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English. C'est la volonté expresse des parties que la présente entente ainsi que tous les documents y afférant soient rédigés en anglais.

Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control, including without limitation acts of God, labor disruptions, acts of war, acts of terrorism (whether actual or threatened), governmental decrees or controls, insurrections, epidemics, quarantines, shortages, communication or power failures, fires, accidents, explosions, inability to procure or ship product or obtain permits and licenses, inability to procure supplies or raw materials, severe weather conditions, catastrophic events, delays due to product held by Customs for inspection.

In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, that provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions and will be enforceable to the fullest extent permitted by applicable law.

The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

These Terms of Use and any policies or operating rules posted by us on the Website or in respect to the Service constitute the entire agreement between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).

Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

18. Contact Information

Questions about these Terms of Use or any other customer service related inquiries should be sent to us at