Rewards Terms & Conditions
By signing up to be part of the MDO Skinclub Rewards Loyalty Program ("Program") you agree to be bound by the following terms and conditions ("Terms"). Please ensure that you read them carefully before signing up. These Terms (also referred to as "Agreement") are a legal agreement between MDO CosmeBc Dermatology GmbH, Giesshübelstrasse 62D, 8045
Zurich, Switzerland (also referred to as "MDO"), and you.
Section 8 below contains a binding arbitration clause and a class action waiver. They affect your rights. Please read them carefully.
1.Membership Eligibility and Overview
1.1 The Program is offered at the sole discretion of MDO Cosmetic Dermatology GmbH. The Program is available to individuals for their personal use only and is limited to one account per individual. Corporation, associations, or other groups may not participate in the Program. Individuals who are at least 18 years or older and who provide and maintain a valid email address are eligible to become members. Employees of MDO Cosmetic Dermatology GmbH and individuals employed by our business partners or vendors are eligible for a membership in this Program for personal use only but may be excluded from certain benefits of the Program in MDO Cosmetic Dermatology GmbH's discretion.
1.2 By joining the Program and becoming a Program member, you agree that you have read, understood and agree to be bound by these Terms (e.g,. your double opt-in into these Terms) and by any changes or modifications MDO Cosmetic Dermatology GmbH may make. You should review these Terms and the related policies frequently to understand the Terms that apply to the Program as they may change from time to time. These Terms do not alter in any way other terms or conditions or any other agreement you may have with us relating to other aspects than this Program, including any agreement for products or services. By enrolling in the Program, you also agree to be bound by our website Terms and Conditions, which are incorporated herein by reference. If you do not agree to these Terms and our website Terms and Conditions, you cannot participate in the Program. In countries in which the Program is prohibited by law, this Program is not offered and you must not participate.
2. Program Enrolment
2.1 Eligible individuals may only enrol in the Program by visiting https://www.mdo- skin.com (MDO's websites are hereafter referred to as the "Site") and following the Program prompts to register for the Program.
2.2 You are required to provide your email address and to create a password to enroll and create a respective account. You may also have the opportunity to provide us with your name, birth date and mobile phone number, but this information is optional. You are responsible for maintaining the accuracy of your account information and for updating it as required. You may update your personal information on the Site.
2.3 Only one Program account may be associated with a single email address. In the event of a dispute over ownership of the Program membership account, the member will be deemed to be the authorized account holder to whom the email address relates that was submitted at the time of enrolment. For purposes of these Terms, the "authorized account holder" is the natural person who is assigned to the submitted email address by an internet provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the summited email address.
3. How the Program Works and Program Benefits
3.1 The Program is a way in which MDO Cosmetic Dermatology GmbH rewards and thanks loyal customers for purchasing products and/or taking other Program related actions. For your purchase to qualify for the Program, you must be enrolled in the Program and be signed into your online account at the time of purchase on the Site. You are able to earn points and reach the Program loyalty tiers by making eligible purchases or taking certain Program actions. Once you reach a certain loyalty tier and/or earn a certain number of points, you may be eligible for certain benefits and rewards applicable to that tier and/or number of points, which benefits may change from time to time and may be offered on a limited basis. Eligible purchases and other opportunities to reach Program loyalty tiers or earn points will be posted on the Site or may be published through other media (e.g., marketing communications, social media, etc.). Visit our FAQs to learn more about earning points and reaching the Program loyalty tiers.
3.2 Only purchases made on the Site are eligible for the Program. Purchases made in retail e- commerce or stores are not eligible for the Program.
3.3 Neither the Program accounts nor benefits, rewards and/or points obtained by participating in this Program may be shared or combined with other members of this Program or third parties. Only the member paying for the products may accumulate benefits, rewards, and/or points. Members will not receive benefits, rewards, and/or points on purchases which are reimbursed by corporations or other organizations ineligible to participate in the Program.
3.4 Benefits, rewards and/or points earned through the Program have no cash value, are non- transferable, and you have no property rights in or to rewards, points or other Program benefits. Points credited to your Program account will be decreased or reversed, as applicable, if part or all of the purchase is returned or cancelled or if the credit is obtained through fraudulent or other activity that violates these Terms or any applicable law. The sale, barter, transfer, or assignment of any benefits, rewards, or points offered through the Program, is expressly prohibited unless MDO takes such action.
3.5 Benefits, rewards, or points cannot be exchanged or returned for other benefits, rewards, points, another product, or a monetary refund.
3.6 The products and services available through the Program and any samples that MDO Cosmetic Dermatology GmbH may provide to you are for personal use only. You may not sell or resell any of the products or samples you purchase with any benefits, rewards and/or points from the Program or otherwise receive from us by participating in the Program. MDO Cosmetic Dermatology GmbH reserves the right, without notice, to cancel or reduce the quantity of any order to be filled and/or any products or services to be provided to you that MDO Cosmetic Dermatology GmbH believes, in our sole discretion, may result in the violation of our Terms.
3.7. To be eligible for benefits, rewards, or points, purchases must be made on designated MDO products. Designated products include regular priced merchandise and exclude eGib, sales tax, state fees (US only), discounts, shipping, and delivery charges and/or other excluded charges specified by us from time-to-time. Further information is available on our Site. Always the information displayed at the moment when visiting our Site is relevant.
3.8 MDO Cosmetic Dermatology GmbH is not responsible for benefits, rewards, and/or points lost or redeemed due to fraudulent activity.
3.9 MDO Cosmetic Dermatology GmbH reserves the right to change the benefits, rewards, or points, how you reach each Program tier, how you earn benefits, rewards, points and how MDO Cosmetic Dermatology GmbH evaluates and reward your eligible purchases and/or other Program activities. MDO Cosmetic Dermatology GmbH reserves the right to place limits on the number of purchases or activities that are eligible for the Program and/or for any given tier or point level, the number or types of benefits, rewards or points you may receive or earn in any given tier or at any given point level, in a given time or for the duration of the Program, and/or any combination thereof.
3.10 If you have concerns that a purchase or other activity was not properly applied to your account, you should contact MDO Customer Service at email@example.com or by calling 0800 58 57 56 55 (only possible from a landline). Your email must specify your name and email address associated with the Program, the date of the Program activity, and the issue(s) you encountered. This email must be sent no more than forty-five (45) days after the date the purchase or other Program activity took place. MDO Cosmetic Dermatology GmbH is not responsible for late notifications about purchases, or other Program activities not being credited to an account.
3.11 Benefits, rewards or points can only be redeemed on the Site.
4 Marketing Communications
4.1 By enrolling in the Program, you will be automatically subscribed to receive and consent to receiving MDO marketing emails and Program related emails.
5. Termination and Modification
5.1 The Program and its benefits are offered at our discretion. MDO Cosmetic Dermatology GmbH may, in our discretion, cancel, modify, restrict, or terminate these Terms, our FAQs, and/or the entire Program or any aspect or feature of the Program at any time without prior notice, even though such changes may affect the value of benefits, rewards, or points already accumulated or earned and/or the ability to redeem accumulated benefits, rewards, or points.
5.2 MDO Cosmetic Dermatology GmbH reserves the right to exclude you from or to discontinue your participation in the Program and to audit your membership account at any time, in our sole discretion. Any suspected abuse of the Program, failure to follow any Program Terms, membership inactivity (e.g., no benefits, rewards, or points earned or redeemed) for more than 24 months, illegal activity, fraud, misrepresentation or other conduct inconsistent with these Terms and/or detrimental to us or our interests, including without limitation, any suspected illegal, fraudulent other unauthorized use of any Program benefits, rewards, points, or other benefits (such as vouchers, coupons and/or certificates), may result in the revocation of your membership and make you ineligible for further participation in the Program. If your membership is revoked, any benefits, rewards, or points in your account will automatically expire and your access to the Program and features will automatically terminate. If MDO Cosmetic Dermatology GmbH suspects illegal activity, fraud, misrepresentation, abuse, or violation of these Terms, MDO Cosmetic Dermatology GmbH also have the right to take appropriate legal actions, in our sole discretion.
5.3. If you decide you no longer want to be a part of the Program, you may cancel your membership at any time by opting out in your account on our Site. If you cancel your membership, you will lose all accumulated benefits, rewards, or points, and tier status.
6. Disclaimer of Warranties; Limitation of Liability
6.1 Neither MDO Cosmetic Dermatology GmbH nor our parents, subsidiaries, affiliates, partners, or licensors make any representations or warranties of any kind whatsoever, express or implied, in connection with these Terms or the Program or any of the benefits, rewards, or points associated with the Program including, but not limited to, warranties of merchantability, non- infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.
6.2 You agree that neither MDO Cosmetic Dermatology GmbH nor our parents, subsidiaries, affiliates, partners, or licensors will be responsible or liable in contract or in tort or otherwise (including negligence) for any (a) interruption of business; (b) access delays or access interruptions to the Program; (c) data non-delivery, loss, theft, mis-delivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of third party links on the Site or use of any benefits, rewards or points of the Program; (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 the Program content; or (g) events beyond our reasonable control. MDO Cosmetic Dermatology GmbH makes no representations or warranties that defects or errors will be corrected.
6.3 Further neither MDO Cosmetic Dermatology GmbH nor our parents, subsidiaries, affiliates, partners, or licensors will be liable for any indirect, special, punitive, incidental, or consequential damages of any kind (including lost profits) related to the Program and your participation therein, whether in contract, or in tort, or otherwise (including negligence), even if MDO Cosmetic Dermatology GmbH has been advised of the possibility of such damages.
6.4 You agree that no claims or action in contract, or in tort, or otherwise (including negligence) arising out of, or related to, your participation in the Program, use of any benefits, rewards, or points or these Terms 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 Program, termination of your membership in the Program is your sole remedy. MDO Cosmetic Dermatology GmbH has no other obligation, liability, or responsibility to you.
7.1 You agree to defend, indemnify, and hold us, our parents, subsidiaries, affiliates, partners, licensors, officers, directors, employees, and agents harmless for any loss, damages, or costs, including reasonable atorneys' fees, resulting from any third-party claim, action, or demand resulting from your participation in the Program in violation of any law, rule, regulation or these Terms.
8. Governing Law, Disputes and Arbitration
8.1. These Terms shall be governed by and construed in accordance with Swiss law. Disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the Swiss arbitral tribunals.
8.2 Any dispute, controversy, or claim arising out of, or relating in any way to this Agreement (including any actual or alleged breach hereof, the validity, invalidity, or termination), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be resolved by confidential arbitration in Switzerland. Arbitration under this Agreement shall be conducted under the arbitration rules then prevailing in Switzerland. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
8.3 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 acton-basis or to utlize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. 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 or representative proceeding.
10. Contact Us
For information about the Program and your membership, contact Customer Service at 0800 58 57 56 55 (only possible from a landline) or via email firstname.lastname@example.org. MDO Cosmetic Dermatology GmbH is not responsible for requests or correspondence lost or delayed in the mail or over the internet. For more information you can find answers in our list of frequently asked questions FAQs.