Kiehl’s Rewards Terms and Conditions

KIEHL’S REWARDS TERMS AND CONDITIONS

1. Kiehl’s Rewards (formally known as Friends of Kiehl’s) (“Program”) is a loyalty program by Kiehl’s (a member of the family of brands under the L’Oreal Singapore Pte. Ltd. (“L’Oreal”, “our”, “us” or “we”) portfolio).


2. By participating in the Program and by signing up for a “Kiehl’s Rewards” membership account (“Account”), you shall be deemed to have read, understood and accepted these Terms and Conditions. These Terms and Conditions shall also apply in relation to any Personal Data (defined in Section 40) provided by you to us in connection with the Program.


3. We may amend these Terms and Conditions from time to time in our sole discretion upon posting the amended version at https://www.kiehls.com.sg/ (“Website”). By your continued participation in the Program, you agree to be bound by these Terms and Conditions as amended from time to time.

Membership and Eligibility

4. Membership to the Program is open to:
1. a. Singapore Citizens, Singapore Permanent Residents, or individuals who are residing in Singapore.
2. b. who, at the date of application for the Account, is at least eighteen (18) years of age, or has obtained the consent of his/her parent(s) or legal guardian(s); and
3. c. has signed up for an Account on the Website, or has approached a L’Oreal customer representative at a Kiehl’s boutique in Singapore to assist with the registration.
(“Member”, “you”, or “your”)

5. As a condition of your participation in the Program, you are required to provide us with current, accurate, truthful and complete information about yourself during the registration process and to keep your records with us current and up-to-date. You agree that you shall be solely responsible for all consequences of providing any inaccurate, incomplete and/or insufficient information. In the event that we determine or have reason to believe that the information which you have provided to us is not current, is inaccurate, or is incomplete in any way or that you have provided us with false or misleading registration information, we reserve the right to either suspend or terminate your Account. We reserve the right to turn away any individual from this Program without giving any reason whatsoever.

6. At the point of registration, you will be required to provide the following information:
1. a. name;
2. b. birthday month;
3. c. email address; and
4. d. Singapore mobile number.

7. Upon successful registration into the Program, you:
1. a. will be issued with an Account which is unique and non-transferrable;
2. b. may choose to opt-in for communications from L’Oreal via email, SMS, mail and/or Voice Call;
3. c. may indicate your preferred interest categories via your profile page.(“Membership”)

8. Your Account is valid from the date of successful registration of your Account (“Date of Registration”). We reserve the right to set a fixed Membership period or expiry period for the Membership at any time. We reserve the right to cancel or amend the Program, or cancel any Account, at our sole discretion.


9. Participation in the Program is subject to any terms and conditions, rules, regulations, policies, and procedures, including (without limitation) these Terms and Conditions ("Program Rules") that we may, at our sole discretion, adopt from time to time. We reserve the sole right to interpret and apply the Program Rules. Any failure to follow Program Rules, any abuse of Program privileges, any conduct detrimental to the interests of L’Oreal, or any misrepresentation of any information furnished to L’Oreal or its affiliates by you, or anyone else acting on your behalf, may result in the termination of your Account, the cancellation of accrued points, rewards or benefits, or both.


10. The Membership and its benefits are offered at the discretion of L’Oreal and its affiliated companies, and L’Oreal has the right to terminate the Program or to change the Program rules, regulations, benefits, conditions of participation or rewards levels, in whole or in part, at any time, with or without notice, even though changes may affect the value of the Kiehl’s Rewards Points (defined at Section 20) already accumulated. We may, among other things, withdraw, limit, modify, cancel or regulate the value or validity of the Kiehl’s Rewards Points.


11. We reserve the right to audit your Account at any time for compliance with the Program Rules, without notice to you. In the event that an audit reveals discrepancies or possible violations, the processing of award redemption requests may be delayed pending completion of the audit.


12. You are responsible for remaining knowledgeable as to the Program Rules and the amount of Kiehl’s Rewards Points in your Account. L’Oreal will attempt to advise active Members of various matters of interest through such means as may be appropriate, such as account summaries, newsletters and the Website, but we shall have no liability for any failure to do so.


13. The accumulation of Kiehl’s Rewards Points and the redemption of those points are subject to specific Program Rules enacted by L’Oreal. You are responsible for reading these materials in order to understand your rights and responsibilities under the Program. No points, benefits, rewards earned or granted under the Program may be transferred or assigned.


14. Each Member may maintain only one (1) Account. Duplicate accounts will be subject to cancellation.


15. ACCRUED KIEHL’S REWARDS POINTS DO NOT CONSTITUTE PROPERTY OF A MEMBER AND HAVE NO VALUE OUTSIDE OF THE PROGRAM. KIEHL’s REWARDS POINTS ARE CREDITS THAT L’OREAL MAY REVOKE AT ANY TIME AS SET FORTH HEREIN. REWARDS POINTS MAY BE NOT EXCHANGED FOR CASH, ASSIGNED, BARTERED, OR TRANSFERRED, EXCEPT AS SET FORTH HEREIN, AND ARE NOT TRANSFERABLE UPON DEATH, AS PART OF A DOMESTIC RELATIONS MATTER, OR OTHERWISE BY OPERATION OF LAW.


16. We reserve the right to discontinue the Account of any individual who uses the Program in a manner inconsistent with these Terms and Conditions, Program Rules, or any federal, state, provincial, territorial or local laws, statutes, by-laws, guidelines, or ordinances. Discontinued Account(s) may result in the loss of all earned Kiehl’s Rewards Points, benefits, and privileges. In addition to discontinuance of the Account, L’Oreal shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion.

Prohibition of Sale or Barter

17. The sale or barter of any such Kiehl’s Rewards Points, awards or benefits other than by L’Oreal is expressly prohibited. Any Kiehl’s Rewards Points, awards or benefits transferred, assigned or sold in violation of the Program Rules, or these Terms and Conditions, in addition to exposing the Member to the penalties otherwise associated with violations, may be confiscated or cancelled.

Account Activity

18. Any Member who fails at any time to engage in Account Activity for a period of twenty-four (24) consecutive months is subject to termination of his or her Account and forfeiture of all accrued Kiehl’s Rewards Points.


19. "Account Activity" for purposes of these Terms and Conditions, shall be deemed to occur when a Member accrues Kiehl’s Rewards Points in his or her account in any manner set forth in these Terms and Conditions, or as otherwise approved by L’Oreal, or when the Member uses or redeems the Kiehl’s Rewards Points in his or her Account.

Kiehl’s Rewards Points Accrual

20. Only Members are eligible to accrue reward points in the Program by availing themselves of the means of accrual recognized under the Program (“Kiehl’s Rewards Points”). A Member may not accrue Kiehl’s Rewards Points from the utilization of any services and/or the purchase of any products, by any other person, animal, object, or entity.


21. Currently, Kiehl’s Rewards Points can be accrued by purchasing Kiehl’s products and/or services from:
1. a. The Website (www.kiehls.com.sg);
2. b. any official Kiehl’s boutique(s) owned or operated by L’Oreal in Singapore; and/or
3. c. any third party retailers (both online and offline) authorized by L’Oreal to distribute Kiehl’s products and/or services (Tangs, Metro, Isetan and Robinsons)
(“Appointed Channel”)


22. L’Oreal expressly reserves the right to establish additional means of accruing Kiehl’s Rewards Points, to delete any or all of the means currently recognized, or to exclude specific types of transactions from the accumulation of Kiehl’s Rewards Points.


23. The amount of Kiehl’s Rewards Points accrued shall be determined by the cash value paid by the Member. The cash value is the amount, in Singapore Dollars, stated in the receipts/invoices issued by the Appointed Channel at the point of purchase of the Kiehl’s products or services by the Member. Further details on the accrual of Kiehl’s Rewards Points, Membership Tiers, validity date(s) of Kiehl’s Rewards Points, and Redemptions are set out at the “Kiehl’s Rewards Frequently Asked Questions” available at (“FAQ”). In the event of any inconsistency between these Terms and Conditions and the FAQ, these Terms and Conditions shall prevail to the extent of such inconsistency.


24. If L’Oreal, or any of the Appointed Channel(s), improperly denies a Member an accrual or benefit, liability will be limited to the equivalent of that accrual or benefit.


25. Only the Member purchasing Kiehl’s products or services from the Appointed Channel(s) will receive Kiehl’s Rewards Points for those Kiehl’s products or services credited to his or her Account.


26. L’Oreal reserves the right to make bonus points and promotional offers selectively available to certain Members at any time, based on purchasing activity, geographic locations, program participation, or other factors determined at L’Oreal’s sole discretion.


27. L’Oreal will, in most cases, credit its Members' Accounts with accrued Kiehl’s Rewards Points. However, each Member shall have the responsibility to ensure that his or her Kiehl’s Rewards Points are properly credited. Where a Member contends that Kiehl’s Rewards Points have been earned but not credited, or in cases where L’Oreal deems verification is required, L’Oreal reserves the right to require proof of accrual from the Member, including but not limited to copies of receipts or similar documentation verifying any transaction claimed to have been performed. Any claims for Kiehl’s Rewards Points by the Member and proof of accrual must be received by L’Oreal within twelve (12) months after the date such Rewards Points were claimed to be earned.

Rewards Points Expiration

28. Kiehl’s Rewards Points accrued in a Member's Account shall be maintained in the Account until they are redeemed for an award or until they expire, whichever occurs first.


29. Kiehl’s Rewards Points will expire on each anniversary of the Date of Registration (“Expiration Date”). Expiring points that are not redeemed by the Expiration Date are void and deleted from the Member’s Account. Accounts in which Kiehl’s Rewards Point accrual ceases for a full 2-year period are designated as dormant and L’Oreal reserves the right to close the Account after the expiration of any remaining Kiehl’s Rewards Points.


30. In cases where Kiehl’s Rewards Points are, for any reason, removed from an Account, as for the redemption of awards, and later returned, the return of the Rewards Points to the Account shall not count as Account Activity

Other Benefits

31. All welcome gifts, birthday gifts are subject to change according to availability and the Company reserves the rights to change the gifts from time to time without prior notification.


32. All members are entitled for a one-time Birthday Discount during their birthday month.


33. Kiehl’s Rewards Points earned in two or more different Members’ Accounts may not be combined to Redeem any Award.


34. Only one (1) promotion/benefit can be used per order/transaction. A promotion/benefit including and not limited to Birthday Discount shall not be used in combination with other promotions/benefits or used to collect Kiehl’s Rewards Points (or any other reward point) unless otherwise specified.

Award Redemption

35. The awards available to be redeemed and the amount of Kiehl’s Rewards Points necessary to redeem each award will be set by L’Oreal and published to the Members. L’Oreal shall establish the process for award redemption (“Redemption”, “Redeem” or “Redeemed”), but Redemption shall basically mean the exchange of Kiehl’s Rewards Points in a Member's Account for a specified award (“Award”).


36. Kiehl’s Rewards Points Redeemed when purchasing a non-refundable good or service will not be returned in case of cancellation or return.


37. Kiehl’s Rewards Points earned in two or more different Members’ Accounts may not be combined to Redeem any Award.


38. The award structure is subject to modification, cancellation or limitation at L’Oreal’s sole discretion, with or without notice. The amount of Kiehl’s Rewards Points required to Redeem any award may be substantially increased, any Award may be withdrawn, and restrictions on any Award or its Redemption may be imposed at any time. The accumulation of Kiehl’s Rewards Points does not entitle Members to any vested rights with respect to any Awards or the Program. Awards shall be valid only on Kiehl’s products and/or services by L’Oreal and/or the Appointed Channels. Appointed Channels will be displayed on the Website and the Redemption process will show if Kiehl’s Rewards Points are able to be Redeemed or accrued. L’Oreal shall not be held liable for any changes that result in the cancellation of an Appointed Channel from the Program.


39. L’Oreal shall not be liable or responsible in any manner for any tax consequences which may result from a Member's participation in the Program. Each Member is solely responsible for the payment of all taxes payable and benefits acquired as a result of such Member's participation in the Program and earning, conversion, holding and/or use of Kiehl’s Rewards Points and for all applicable filing and reporting obligations. Members should consult with their tax advisors regarding the accumulation, conversion and use of the Kiehl’s Rewards Points.


40. Appointed Channel(s) may be added to or removed from the Program at L’Oreal’s discretion, at any time with or without notice. In the event that a Appointed Channel is removed from the Program, the Member will still retain any Kiehl’s Rewards Points remaining in the Member's Account that were earned through that Appointed Channel.

Exclusion of Liability

41. Notwithstanding any other terms or conditions in these Terms and Conditions, we shall not be liable to you for any loss, damage, inconvenience, moral distress, cost and expense of any nature (including, without limitation for any act, omission, neglect or willful default on the part of our agents, contractors, correspondents and/or their respective officers and employees) which in any way may be suffered or incurred by you or by any other person in respect of or in connection with the Program, including without limitation, your Account, Membership, Kiehl’s Rewards Points, Awards or Redemption and/or in connection with the collection, use, disclosure and/or processing of your Personal Data in accordance with these Terms and Conditions. You will release and discharge us from all claims in relation to the aforesaid loss, damage, inconvenience, embarrassment, cost and/or expense.


42. Without prejudice to the generality of the foregoing and to the maximum extent permitted by applicable law, we shall also not be liable for any direct, incidental or consequential damage or loss suffered by you that may result from the collection, use, disclosure and/or processing of your Personal Data, including but not limited to any loss of, or any inability to retrieve, any Personal Data, howsoever caused, or any inaccuracy in the Personal Data presented, used or transmitted.


43. You shall indemnify us and keep us indemnified against any loss, damage, liability cost and expense (including legal costs and disbursements on a full indemnity basis), directly or indirectly arising from or relating to your misuse of the Account, the Program and/or breach of any of these Terms and Conditions, including without limitation, if you commit any fraud or misrepresent any information supplied or to be supplied under these Terms and Conditions.

Personal Data

44. It is a continuing condition of your Membership as well as your access to and use of the Program, the Account, and/or the Website that you consent to the collection, use, disclosure and/or processing of your information, including your Personal Data, by us and all other persons and entities involved in the Program in relation to and/or for the purposes of the Program ("Purposes"). Examples of your “Personal Data” which may be so collected, used, disclosed and/or processed for the Purposes include the following:
1. a. your Registration Information;
2. b. your credit card details, transaction details, images of receipts and any other information relating to you which you have provided to us or any of our agents, business partners and/or authorised service providers in any forms you may have submitted to us or any of our agents, business partners and/or authorised service providers, or in other forms of interaction with you;
3. c. information about your usage of and interaction with the products and services under the Program, and/or the Website, including computer and connection information, device capability, bandwidth, statistics on page views, cookies, IP addresses, Membership details and traffic to and from the Website; and
4. d. photographs or audio-video or other recordings of you taken or made in connection with Program.

45. In particular but without limiting the generality of Section 40, you consent to us and all other persons and entities involved in the Program to the collecting, using, disclosing and/or processing your Personal Data for the following purposes strictly in relation to and/or for the purposes of the Program:
1. a. verifying your identity for the purposes of processing your Membership application and maintaining and servicing your Account for the Program;
2. b. administering and managing the Program, your Account, and your transactions and interactions with us in connection therewith, and processing your Kiehl’s Rewards Points accruals and Redemptions;
3. c. responding to your queries, requests, feedback and complaints;
4. d. sending you notifications as well as marketing and promotional messages under and in relation to the Program by email, such as information, updates, advertisements, promotions (including without limitation discounts and special offers) and other communications in connection with products, services, offers and promotions offered by L’Oreal, any of the Approved Channels, any entity comprised in the L’Oreal Group, our business partners, and/or our marketing partners;
5. e. conducting interviews, surveys and/or consumer or market related research so that we may provide you with better services and product offerings which may be of relevance to you;
6. f. carrying out profiling and statistical analysis to improve services provided to you
7. g. informing you of changes and development to the Program, the Terms and Conditions, Program Rules, L’Oreal policies, and other administrative information, including for the purposes of servicing you in relation to products and services offered to you;
8. h. administering and conducting Program promotions, including announcing the results of Program promotions, identifying and contacting the winners of the Program promotions, and publicising and conducting marketing in relation to the Program promotions;
9. i. where you participate in Program promotions, the collection, use and disclosure of photographs or audio-video or other recordings of you taken or made in connection with Program promotions by L’Oreal and our agents, marketing partners, business partners and/or authorised service providers, for use in any publicity and/or advertising campaigns related to Program promotions across all media, including printed publications, presentations, promotional materials or websites L’Oreal, in their original or edited format which any of the aforesaid persons deems appropriate. You further agree and acknowledge that the copyright and all other intellectual property rights in and to all photographs or audio-video or other recordings of you taken or made in connection with the Program promotions shall vest solely and absolutely in L’Oreal without any compensation to you;
10. j. managing the infrastructure and business operations of L’Oreal in relation to the Program and complying with internal policies and procedures;
11. k. matching any Personal Data which relates to you for any of the purposes listed herein;
12. l. preventing, detecting and investigating crime, including fraud and money-laundering, and analyzing and managing other commercial risks;
13. m. protecting and enforcing our contractual and legal rights and obligations;
14. n. compliance with any applicable rules, laws and regulations, codes of practice or guidelines or to assist in law enforcement and investigations by relevant authorities; and
15. o. processing your Personal Data for purposes which are reasonably related to any of the purposes stated above, including disclosure to and processing by any of our marketing partners and/or authorised service providers.

For the avoidance of doubt, the purposes set out in Section 41 (a) to (o) form part of the “Purposes”

46. Whilst we will take reasonable steps to accurately record your Personal Data, we require that you provide accurate and complete Personal Data, and update such Personal Data with us from time to time. Your Personal Data may be transferred to a place outside of the country where you first provided the Personal Data.


47. If you wish to withdraw your consent to any use of your Personal Data as set out herein, or if you have any questions or complaints relating to your Personal Data, or if you would like to obtain access and make corrections to your Personal Data records, please contact our designated Data Protection Officer at [[email protected]] .


48. You acknowledge that if you choose to withdraw your consent for the collection, use, disclosure and/or processing of your Personal Data for the Purposes, we may not be able to continue providing you with the products and services under the Program or otherwise administer your Account. In such an event, we shall have the right to terminate your Account. Such right shall be without prejudice to our rights and remedies against you in respect of any loss or damages arising from or in connection with such termination.


49. You agree that your consents granted herein do not supersede or replace any other consents which you may have previously granted to L’Oreal or any entity within the L’Oreal Group in respect of your Personal Data, and are additional to any rights which L’Oreal and any entity comprised in the L’Oreal may have at law to collect, use, disclose and/or process your Personal Data. You also agree that any withdrawal of your consents in accordance with these Terms and Conditions will not affect any other consents which you may have provided to L’Oreal or any entity within the L’Oreal Group respect of your Personal Data and/or the use of your Singapore telephone number(s) for receiving marketing or promotional information or other advertising or messages.


50. We may in our sole discretion from time to time share aggregated, non-personally-identifiable information with third parties, such as advertisers, our marketing partners and/or our business partners, for use in marketing, promotional or other activities.

General

51. Any attempt by any person to undermine the legitimate operation of the Program may be a violation of criminal and civil law, and, should such an attempt be made, L’Oreal reserves the right to seek damages from any such person to the fullest extent permitted by law. Any failure by L’Oreal to enforce any of these Terms and Conditions shall not constitute a waiver of that, or any other, provision.


52. All questions or disputes regarding an individual's eligibility for the Program, the earning, use, or conversion of Kiehl’s Rewards Points, or a Member's compliance with these Terms and Conditions shall be resolved by L’Oreal in our sole and absolute discretion.


53. If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.


54. These Terms and Conditions shall be construed in accordance with the Laws of Singapore irrespective of where the application for Membership has been completed by the Member or submitted to L’Oreal. In any action or other legal process with respect to any matter or thing in connection with these Terms and Conditions, the Member irrevocably submits to the exclusive jurisdiction of the Singapore courts.


55. No failure on our part to exercise and no delay on our part in exercising any right or remedy under these Terms and Conditions will operate as a waiver of such right or remedy, nor will any single or partial exercise of any right or remedy preclude any other or further exercise of such right or remedy or the exercise of any other right of remedy. Any waiver by us of our rights or remedies in respect of any terms under these Terms and Conditions or any breach of these Terms and Conditions on your part must be in writing and may be given subject to such terms and conditions as we may deem fit and is effective only in the instance and for the purpose for which it is given.


56. Unless the context otherwise requires, words importing the singular shall also include the plural and vice versa. Words denoting the masculine gender include the feminine gender and both shall include the neuter gender.


57. The headings in these Terms and Conditions are inserted for ease of references only and shall not affect the construction of these Terms and Conditions.