LEGAL TERMS AND CONDITIONS
CALIFORNIA TRANSPARENCY IN SUPPLY CHAINS ACT (1)
CALIFORNIA TRANSPARENCY IN SUPPLY CHAINS ACT
Christian Dior Inc. and its affiliated companies (collectively, the "Dior Group") supports the goals of the California Transparency in Supply Chains Act of 2010 (the "Act") and strives to be a model example of human rights and fair labor practices throughout its business activities.
The Dior Group chooses the best suppliers in its field who provide premium quality in both their products and services but also by way of their ethical, social and environmental approaches and beliefs. To this end, the Dior Group chooses its suppliers based upon their ethics, honesty, and integrity in their business dealings, as well as the social and environmental principles by which they operate.
The implementation of the Act presents the opportunity for the Dior Group to reaffirm its commitment to enforcing measures that fight against slavery and human trafficking.
As a responsible corporate actor, the Dior Group has long since integrated standards of the Act into its daily business practices and how our suppliers are selected.
The Dior Group's actions in this area include the following:
Verification Requirements for Suppliers
The Dior Group has implemented the Dior Group Code of Conduct (the "Code") and requires all suppliers (including their subcontractors involved with the manufacturing procedure for Dior's products) to agree to and adhere to the terms of the Code. The Code sets forth and establishes non-negotiable minimum standards for the Dior Group's suppliers in the areas of health and safety, labor standards, business integrity, and the environment. In addition, the Dior Group may conduct supplier audits, described below, in order to verify that its suppliers are complying with the Code.
The Dior Group audits suppliers that, based upon an analysis of the volume of the supplier's business and the risk of abuses in the country in which the supplier is located, pose a high risk of working condition violations to ensure that its suppliers are compliant with internationally recognized Social Accountability standards such as the Social Accountability Internationals SA8000, an international standardized code of conduct for improving working conditions around the world.
Verification of Supplier Compliance
The Dior Group requires its suppliers to sign and to adhere to the Code.
In the event the Dior Group becomes aware of any actions or conditions not in compliance with the Code, the Dior Group reserves the right to demand corrective measures as well as the right to terminate an agreement with any supplier who does not comply with the Code.
Training to Company Employees
The Dior Group and its employees endeavor to respect the laws and regulations in all countries in which they operate, and conducts its business according to principles outlined in the International Labour Organization and the United Nations Universal Declaration of Human Rights.
The Dior Group will continue to evolve and adapt its policies and procedures to a changing world in order to reflect the Dior Group's unwavering commitment to ethical business principles.
LEGAL TERMS (1)
Dior.com (the “Website”) is published and maintained by Christian Dior Perfumes, with offices located at 19 East 57th Street, New York, NY (“Dior”, the “COMPANY,” “We,” “Us”)
All rights reserved for use only by the House of Dior: 克麗絲汀, 迪奧, 姫仙蒂婀 克里斯蒂昂 迪奥, КРИСТИАН ДИОР, דיור ディオール, クリスチャンディオール.
You may opt in or opt out of our sharing of your personal information with third parties for marketing purposes by following the directions in the “Right to Opt In and Opt Out” section below.
Dior does not knowingly collect or use any personally identifiable information from individuals under the age of 13. If We become aware that any such information has been provided or submitted to Us, We will delete the information as soon as possible.
What information is Collected
Your privacy is important to us. Depending on how you use the Website, we may ask you to share Personal Information with us. “Personal Information” includes, for example, your name; home and/or business address; e-mail address; telephone number; credit card and other payment information; and demographic information and/or other information that may identify you as an individual or allow online or offline contact with you as an individual.
Dior will ask you for information, including some Personal Information, if you use one of several services:
Sign up for e-mail: In order to receive our e-mail blasts, you need to share your e-mail address. You do not have to sign up for e-mail to browse the Website and make purchases.
Becoming a registered user: In order to register, you need to share some Personal Information, such as your e-mail address. You do not have to be a registered user to browse the Website.
Making a purchase: When you buy something on the Website, you have to supply your name, a billing address, phone number, shipping address, and credit card information. By making a purchase, you become a registered user of the Website. You can choose to store information needed to make a purchase, such as your shipping and billing addresses in the “My Account” section. You can access this section using your registration login and password.
Website Usage Information
We may use “cookies” to keep, and sometimes track, information about you. Cookies are small data files that are stored on your computer’s hard drive and can be used to collect information about where you travel on our Website and what you look at and purchase. They may store the information in your shopping cart, your username and/or password,or your IP address. All of these purposes serve to improve and personalize your experience on our Website.
You can control how your browser handles cookies received from websites. You can choose to refuse all Cookies, or to be prompted before a Cookie is saved to your hard drive, or to only accept Cookies from certain websites that you designate. By refusing to accept cookies from Dior, you may not be able to use some of the features and functionality available on the Website.
We may use “clear GIFs” (aka “Web beacons” or “pixel tags”) or similar technologies, in the Website and/or in our communications with you to enable Us to know whether you have visited a Web page or received a message. A clear GIF is typically a one-pixel, transparent image (although it can be a visible image as well), located on a Web page or in an e-mail that communicates to Us whether you viewed an email that we sent you or visited a certain page on our Website. A clear GIF may enable Us to relate your viewing or receipt of a Web page or message to other information about you, including your Personal Information.
IP Address and Clickstream Data
Our server automatically collects data about your server’s Internet address when you visit Us. This information, known as an Internet Protocol address, or IP Address, is a number that’s automatically assigned to your computer by your Internet service provider whenever you’re on the Internet. When you request pages from our Website, our servers may log your IP Address and sometimes your domain name. Our server may also record the referring page that linked you to Us (e.g., another Website or a search engine); the pages you visit on this Website; the Website you visit after this Website; the ads you see and/or click on; other information about the type of Web browser, computer, platform, related software and settings you are using; any search terms you have entered on this Website or a referral site; and other Web usage activity and data logged by our Web servers. We use this information for internal system administration, to help diagnose problems with our server, and to administer our Website. Such information may also be used to gather broad demographic information, such as country of origin and internet service provider.
Any or all of these activities with regard to Website usage information may be performed on our behalf by our service providers.
How is the Personal Information used?
We will use the Personal Information you provide to our Website, for example, to respond to your requests, process your orders, and to provide you with our product and service offerings. We may also use your Personal Information to maintain our internal record keeping and/or share it with our affiliates for internal marketing purposes. In addition, we may send you notices (for example, in the form of e-mails, mailings, and the like), and otherwise correspond with you, about products, services, companies and events, sponsored by us and others, that We think might interest you.
You may opt out of receiving such notices from us by following the instructions in the Right to Opt In and Opt Out section below.
We may analyze user behavior as a measure of interest in, and use of, our Website and e-mails, both on an individual basis and in the aggregate.
Do we share Personal Information and Website Usage information with others?
We may use third-party partners to help operate our Website and deliver our products and services, and may share your information with our affiliates, service providers and other third parties that provide products or services for or through this Website or for our business (such as Website or database hosting companies, address list hosting companies, e-mail service providers, analytics companies, distribution companies, fulfillment companies, and other similar service providers that use such information on our behalf).
We may disclose aggregate statistics regarding user behavior as a measure of interest in, and use of, our Website and e-mails to third parties in the form of aggregate data, such as overall patterns or demographic reports that do not describe or identify any individual user.
Legally Compelled Disclosures
We may disclose user information to government authorities, and to other third parties when compelled to do so by government authorities or otherwise as required or permitted by law, including but not limited to in response to court orders and subpoenas. We also may disclose user information when We have reason to believe that someone is causing injury to or interference with our rights or property, other users of the Website, or anyone else that could be harmed by such activities.
In the event that Dior is acquired by one or more third parties as a result of an acquisition, merger, sale, reorganization, consolidation or liquidation, Personal Information may be one of the transferred assets.
While Dior will take reasonable precautions to protect the security and integrity of Personal Information provided to this Website, due to the inherent nature of the Internet as an open global communications vehicle, We cannot guarantee that information, during transmission through the Internet or while stored on our system or otherwise in our care, will be absolutely safe from intrusion by others, such as hackers. We maintain physical, electronic and procedural safeguards to protect your personal information.
We use industry-standard Secure Sockets Layer ("SSL") authentication for online transactions made on our site. SSL authentication and encryption of the information that you send to Us over the Internet helps protect your online transaction information from third party interception.
Your credit card information is never used except to issue refunds and charges for orders placed on our Website. For your own safety, please don't ever use email to send us your credit card information!
We never display your full credit card number once it has been entered.
For additional security, we do not store your credit card number after processing your payment.
We urge you to protect your own privacy. We recommend that you do not share your password with anyone or share your password in an unsolicited phone call or e-mail.
Unfortunately, despite all of our efforts, there is always a risk that third parties may unlawfully intercept transmissions. This reality is true of all Internet use. As a result, we cannot ensure the security of any information you transmit, and you transmit all information at your own risk.
If you contact Us by e-mail or a “contact us” or similar feature on our Website, you should be aware that your transmission might not be secure. A third party could view information you send by these methods in transit.
If you choose to become a registered user, you are responsible for maintaining the strict confidentiality of your account password, and you shall be responsible for any access to or use of the Website by you or any person or entity using your password, whether or not such access or use has been authorized by or on behalf of you, and whether or not such person or entity is your employee or agent. You agree to (a) immediately notify Dior of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. It is your responsibility to control the dissemination and use of your password, control access to and use of your account, and notify Dior when you desire to cancel your account on this Website. We are not responsible or liable for any loss or damage arising from your failure to comply with this provision.
We will not be liable for disclosure of your information due to errors or unauthorized acts of third parties during or after transmission.
In the unlikely event that We believe that the security of your Personal Information in our possession or control may have been compromised, We may seek to notify you of that development. If a notification is appropriate, We would endeavor to do so as promptly as possible under the circumstances, and, to the extent we have your e-mail address, We may notify you by e-mail. You consent to our use of e-mail as a means of such notification.
Consent to Processing
By providing Personal Information to this Website, you understand and consent to the collection, maintenance, processing and transfer of such information in and to the United States and other countries and territories.
Right to Opt In and Opt Out
You may have the right to “opt in” and “opt out” of certain of our uses of your Personal Information. For example, at the time you are requested to provide Personal Information on this Website, you may have the opportunity to elect to, or not to, receive promotional correspondence from Us.
Please understand that if you opt out of receiving promotional correspondence from Us, We may still contact you in connection with your relationship, activities, transactions and communications with Us. Also, a request to have us stop sharing your Personal Information with other entities for marketing purposes will only apply your request, and We will not be responsible for any communications that you may receive from entities that received your Personal Information prior to such request. In these cases, please contact that entity directly.
If you have any questions or comments regarding our privacy practices, you may contact us at firstname.lastname@example.org or 1-877-903-4671.
DIOR BEAUTY MY EXCLUSIVE LOYALTY PROGRAM TERMS AND CONDITIONS (1)
TERMS AND CONDITIONS
Effective as of September 28, 2021
Welcome to the Dior Beauty My Exclusive Loyalty Program (“Program”), a loyalty program that rewards your beauty purchases online at www.Dior.com and at the Dior Beauty Boutique at Forum Shops at Caesars Las Vegas (collectively “Dior Points of Sale”) and your engagement in other qualifying activities. The Program is 100% free to join!
It is important that you read these entire Program Terms, which you accept when you participate in the Program. However, here are some of the highlights:
Benefits (defined below) and Lucky Charms (defined below) have no cash value and you have no property or other interest or right to them, and may not transfer or encumber them.
Dior may change Benefits and Lucky Charms accrual and redemption terms, unless we have specifically committed otherwise in writing (e.g., limited time promotions).
Dior may terminate your membership, or the Program, in which case Benefits and Lucky Charms are forfeited.
Limited to U.S. residents, void where prohibited, and subject to eligibility requirements and program terms, conditions and limitations.
YOU CONSENT TO OUR PRIVACY PRACTICES AND AGREE TO LIMITATIONS ON YOUR REMEDIES AND OUR LIABILITIES AND TO ARBITRATION OF DISPUTES AND CLASS ACTION WAIVER.
Each time you participate in the Program (other than to access and read these Program Terms), you agree to be bound by and comply with then current Program Terms, and any applicable Additional Terms, subject to Section 10 hereof. Do not participate in the Program, and cancel your Program account, if you do not agree to any of these Program Terms. Any previous participation will continue to be governed by the Program Terms, including any applicable Additional Terms, in place at the time of such participation.
1. Eligibility, Accounts and Program Service
Program membership is open to individuals residing in the 50 United States and the District of Columbia (excluding Puerto Rico, U.S. Virgin Islands, and all other territories and possessions) for personal, non-commercial use at Dior Points of Sale. You must be eighteen (18) years of age or older to participate in the Program. Limit one (1) account per natural person. Resellers are excluded from the Program and from receiving Benefits (defined below) and Lucky Charms (defined below). If we mistakenly calculate Qualifying Purchases (defined below) for resale purchases, or confer Status (defined below) upon or issue Benefits or Lucky Charms to resellers, we reserve the right to invalidate all of the aforementioned, remove or modify an affected Status, and/or deduct any improperly issued Benefits or Lucky Charms. If you are found, in our sole discretion, to be a reseller, your Program account may be terminated.
From time-to-time we may provide you with other ways to access, update and use your account. You agree to keep your account information current, to secure your account credentials and log-in information, and not to let others access or use your account. Dior is not responsible for Status, Qualifying Purchase history, Benefits, or Lucky Charms that might be removed or deleted from your account for any reason, including security compromise, technical error or otherwise.
(c) Program Service.
We offer you the ability to participate in the Program through the www.dior.com/mydiorbeauty website (“Website”). The Website may offer you certain features and services that allow you to manage your account. These features and services may include the ability to: (i) check your Lucky Charms (defined below) balance, (ii) access, select and redeem Benefits (defined below) gifts, (iii) update your account information, and (iv) reset your password. Some features of the Program (including the Website and its supported platforms, websites or other services) (collectively, “Program Service”) may change from time-to-time and be discontinued without notice. Use of a feature constitutes your consent to all feature functionality, including data collection and use.
(c) Wireless Features.
The Program Service may offer certain features and services via your wireless device. Features and services may include the ability to access the Program Service’s features, view the Website, upload content to the Program Service, receive messages from the Program Service, and download applications to your wireless device (collectively, “Wireless Features”). You agree to receive communications we may send through Wireless Features for which you are registered. Further, we may collect information related to your use of the Wireless Features. If you use Wireless Features, you agree to notify Dior of any changes to your wireless contact information (including phone number) and update your account to reflect the changes. Standard message, data and other fees may be charged by your carrier, and carriers may deduct charges from pre-paid amounts or data allowances, for which you are responsible. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless device. Contact your carrier with questions regarding these issues.
2. Program Features
Each Program member will belong to a Status based on (i) the total amount a member spends on Qualifying Purchases and (ii) how many Qualifying Purchases the member makes. Each Status comes with certain Benefits. Members can also visit the Website to participate in Challenges to earn Lucky Charms, which can be used to enter additional Program promotions and win items from the Catalog. Read on for more details. Additional information about the Program, Challenges, Benefits redemption, and member loyalty history is available on the Website.
All time and date calculations for the Program, including the day a purchase is made and how many Challenges are completed on a certain day, is based on the Central European Time (CET) zone. CET is 6 hours ahead of US Eastern Time; 7 hours ahead of US Central Time; 9 hours ahead of US Pacific Time.
The Program has four (4) status tiers (each, a “Status”). Each member belongs to one of these Statuses according to the number of Qualifying Purchases (defined below) made and the total amount spent at a Dior Point of Sale within the last twelve (12) months. Members achieve their Status as follows:
Pearl Status: (i) Members who have not made any Qualifying Purchases; and (ii) members who have made one (1) or more Qualifying Purchases for a total amount of less than $150.00 USD within the last twelve (12) months.
Silver Status: Members who have made two (2) or more Qualifying Purchases for a total amount that is equal to or greater than $150.00 USD, but less than $500.00 USD, within the last twelve (12) months.
Gold Status: (i) Members who have made three (3) or more Qualifying Purchases for a total amount that is equal to or greater than $500.00 USD, but less than $900.00 USD, within the last twelve (12) months; and (ii) Members whose first purchase at a Dior Point of Sale was greater than or equal to $900.00 USD.
Platinum Status: Members who have made four (4) or more Qualifying Purchases for a total amount that is equal to or greater than $900.00 USD within the last twelve (12) months.
When you create a Program account, your Status will be determined by your purchase history within the twelve (12) months prior to account creation, if you previously had an active and valid Dior account. Members who did not have a Dior account prior to joining the Program (or had an inactive or invalid Dior account) will automatically be assigned Pearl Status. Once a specific Status has been reached, this Status and the associated benefits are valid for a period of twelve (12) months. To reach a new Status, the “number of Qualifying Purchases” and “total amount spent” criteria must both be fulfilled. Once the twelve (12)-month period has ended, a member’s Status will be recalculated according to the descriptions above, unless calculated sooner as described below. For the avoidance of doubt, a member may remain at the same Status upon recalculation (e.g., a Pearl member may remain a Pearl member upon recalculation).
Members can reach a higher Status at any time by cumulatively fulfilling the “number of Qualifying Purchases” and “total amount spent” criteria of the higher Status. If a member reaches a higher Status, a new twelve (12)-month period will begin at this new Status.
(b) Status Benefits.
Each Status gives the member the right to certain benefits as more fully described below (“Benefits”):
Luxury Miniature with 2nd Purchase
Exclusive SILVER Welcome Gift
Early Access to Dior Events
Exclusive GOLD Welcome Gift
Premium GOLD Birthday Gift
45-Minute Virtual Consultation 1x per year
Early Access to Dior Events
Exclusive PLATINUM Welcome Gift
Premium PLATINUM Birthday Gift
45-Minute Virtual Consultation 3x per year
First Access to Dior Events
Deluxe Holiday Gift
Each Status’s Benefits are independent from another Status’s Benefits and are not cumulative. In other words, you do not accumulate benefits when you move from a lower Status to a higher Status.
Dior will email members with information about how to access their Benefits gifts. Once a member has been notified that a Benefit gift is available, the member will have thirty (30) calendar days to redeem the Benefit gift online at www.Dior.com, according to the instructions and any additional redemption terms Dior will provide (e.g., for in-store pickup at a Dior Point of Sale or for home delivery with next purchase). After these thirty (30) calendar days, Dior cannot guarantee that the Benefit gift will be available.
Benefit gifts are subject to availability and are not exchangeable. Any Benefit gifts you have earned will be listed on the Website when you are logged in to your Program account, under the “My Status” tab. The Benefit gift catalog is updated regularly and Dior reserves the right to substitute a Benefit gift with another Benefit gift of equal or greater value at any time , based on availability.
(c) Qualifying Purchases.
Each of the following types of purchases made at a Dior Point of Sale count towards your Status (each, a “Qualifying Purchase”): (i) perfumes; (ii) skincare products; (iii) makeup products; and (iv) La Collection Privée Christian Dior products. Couture purchases and the purchase of gift cards are not considered Qualifying Purchases. For the avoidance of doubt, multiple Qualifying Purchases made within a single day will be added together and treated as one single Qualifying Purchase for that day, calculated based on CET time zone as further described above. The amount spent on a Qualifying Purchase is calculated as the total amount actually paid by the member (after all discounts, if any, are applied) for such Qualifying Purchase.
(d) Challenges & Lucky Charms.
Members can also participate in certain engagement activities on the Website (such activities, “Challenges”) to earn fictional currency (“Lucky Charms”) that can be used to enter certain Program promotions (“Promotions”). By way of example only, Challenges could include, without limitation, taking a Dior-themed quiz or watching a makeup tutorial. Challenges must be completed as set forth on the Website in order to earn the specified number of Lucky Charms associated with the Challenge. Challenge participation is limited to three (3) Challenges per day. Lucky Charms can only be used to earn entries for a chance to win certain prizes and have no cash or real-world value. Any other use of the Lucky Charms by a member will not be recognized by Dior. There is no purchase necessary to earn Lucky Charms or to enter a Promotion. All Promotions will be subject to the terms and conditions of the Promotion’s official rules, which will be made available to members at the time such Promotion goes live on the Website.
Once a member earns at least one Charm, the member will have access to a prize catalog that sets forth certain prizes to be won in Promotions and the number of Lucky Charms required per one (1) entry into such Promotions (“Catalog”). The member can use the Catalog to select a prize and enter the specified number of Lucky Charms to gain one (1) entry for a chance to win the selected prize. Lucky Charms do not expire, but once they are used to gain entry to a Promotion they are forfeited by the member, regardless of the outcome of the Promotion.
The outcome of a Promotion may be determined immediately upon entering the specified number of Lucky Charms (such as in an “instant win” type of promotion), or at a later date (such as in a sweepstakes with multiple entrants). For all Promotions, the winner(s) will be notified via the email address associated with the Program account shortly after winner selection has taken place.
3. Member Communications
(a) E-mail Messages.
You may cancel or modify our e-mail marketing communications you receive from us by following the instructions contained within our promotional e-mails. This will not affect subsequent subscriptions. Please note that we reserve the right to send you certain communications relating to your account or use of our Program Service, such as administrative and service announcements and these transactional account messages may be unaffected if you choose to opt-out from receiving our marketing communications.
4. Termination & Modification
Program membership has an indefinite duration. Members can request to cancel their membership by contacting customer service via the form available at https://www.dior.com/en_us/contact-parfum, or by phone at 877-903-4671 from Monday through Saturday from 9:00AM ET to 9:00PM ET. Dior reserves the right, in its sole discretion, to modify, suspend, or terminate the Program and/or any Benefits at any time and for any reason, without any compensation to Program members. Dior cannot and does not guarantee that all members will be notified of such changes to the Program. We may not issue you any Benefits or Lucky Charms, and you will forfeit all Benefits and Lucky Charms accrued, if we (a) suspend or terminate your account because of conduct that we determine, in our sole discretion, violates these Program Terms or any applicable law, involves fraud, attempted fraud, theft or attempted theft at a Dior Point of Sale, or misuse of Program membership, or is harmful to our interests or another customer; or (b) modify, suspend, or terminate the Program. We also reserve the right to deny future membership if we deem your conduct to have violated these Program Terms. Our failure to insist upon or enforce your strict compliance with these Program Terms will not constitute a waiver of any of our rights.
Only one Program membership will be credited for any one Qualifying Purchase. Status, Benefits, and Lucky Charms have no cash value and may not be transferred, assigned or encumbered. Additional restrictions may apply pursuant to any Additional Terms.
Occasionally we may test new products, services or promotions. Some of these tests may have implications on Program members that may vary from the terms as stated here. When different policies or terms apply, we will communicate that to you through Additional Terms or otherwise.
6. LIMITATION OF LIABILITY & DISCLAIMER
IN NO EVENT WILL CHRISTIAN DIOR PERFUMES, ITS SUBSIDIARIES AND AFFILIATES, ITS FRANCHISEES OR LICENSEES, ANY PARTICIPATING DIOR POINT OF SALE, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH THE PROGRAM, THESE PROGRAM TERMS, OR DIOR’S OPERATION OF THE PROGRAM.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THE PROGRAM, INCLUDING THE WEBSITE, PROGRAM SERVICE, BENEFITS, BENEFITS GIFTS, LUCKY CHARMS, AND CATALOG ITEMS, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
Dior makes no warranty that the Program, Website and Program Service will be uninterrupted, timely, secure, or error free. Dior is not responsible for: (a) any loss or misdirection of, or delay in receiving, any member application, correspondence, Benefits, redemption requests, or Lucky Charms; (b) theft or unauthorized redemption of Benefits gifts or Lucky Charms or use of a Benefits gift; (c) any acts or omissions of third parties; or (d) any errors published in relation to the Program, including, without limitation, any pricing or typographical errors, errors of description, errors at Dior Points of Sale, and errors in the crediting or debiting of Status, Lucky Charms, or Benefits from member accounts. Dior reserves the right to correct, without notice, any errors.
7. Governing Law; Dispute Resolution and Class Action Waiver
All issues and questions concerning the construction, validity, interpretation and enforceability of these Program Terms, or the rights and obligations of you and Dior in connection with the Program, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
You and Dior agree that all disputes pertaining to the Program or these Program Terms will be resolved through binding arbitration; provided, however, Dior shall be entitled to seek injunctive or equitable relief in the state and federal courts in New York County, New York and any other court with jurisdiction over you or Dior. You and Dior also agree that disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. YOU AND DIOR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. You and Dior agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Program shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a "Demand for Arbitration", then you or Dior can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in New York, New York; provided, however, that you and Dior may mutually agree on an alternative location. The federal or state law that applies to these Program Terms will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in New York County, New York. You and Dior further agree that any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Program, but in no event attorneys’ fees, and under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. Dior agrees to pay the administrative and arbitrator's fees in order to conduct the arbitration (but specifically excluding any travel or other costs you may incur to attend the arbitration hearing). You and Dior may, notwithstanding this provision, bring qualifying claims in small claims court.
8. General Program Information
The Program and its content, logos, taglines, and trademarks are the intellectual property of Christian Dior; all rights reserved.
These Program Terms are void where and to the extent prohibited by applicable law. The interpretation and application of these Program Terms is in the sole discretion and determination of Dior, which in each case you irrevocably agree shall be conclusive.
Taxes may apply to Lucky Charms and Benefits accrual and/or redemption where required by law.
Collectively, the Program Terms, any applicable Additional Terms, and any terms incorporated into such by reference, constitute our complete agreement with you regarding the Program and supersede all prior agreements, offers or representations, and can only be amended or waived by an authorized officer of Dior.
9. Updates to Program Terms
These Program Terms (or if applicable Additional Terms) shall govern the Program as it applies to you from time-to-time. AS OUR PROGRAM EVOLVES, THE TERMS AND CONDITIONS UNDER WHICH WE OFFER THE PROGRAM MAY BE MODIFIED AND WE MAY CEASE OFFERING THE PROGRAM UNDER THE PROGRAM TERMS OR APPLICABLE ADDITIONAL TERMS FOR WHICH THEY WERE PREVIOUSLY OFFERED. YOU UNDERSTAND AND AGREE THAT EACH TIME YOU SIGN IN TO YOUR PROGRAM ACCOUNT, OR OTHERWISE USE THE PROGRAM, YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF NEW TERMS BY POSTING THEM ON THE WEBSITE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR CONTINUED PROGRAM MEMBERSHIP AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE NEW TERMS FOR YOUR NEW USE AND TRANSACTIONS. Therefore, you should review the posted Program Terms, and any applicable Additional Terms, each time you use the Program. Any new Program Terms or Additional Terms will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you. However, the Program Terms, and any applicable Additional Terms, that applied when you previously transacted will continue to apply to such prior transactions (i.e., changes and additions are prospective only) unless mutually agreed. In the event any notice to you of new, revised or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. In the event any tribunal finds any changed terms to be invalid, unenforceable or illegal, such will be severed to the extent necessary for the remainder to be valid and enforceable. You should frequently check the Website and the e-mail you associated with your account, for notices, both of which you agree are reasonable manners of providing you notice. You can reject any new, revised or additional terms by terminating your Program membership as set forth in Section 4 and continued membership constitutes acceptance.