WAVES DE LA MER TERMS & CONDITIONS
Last updated [14 Aug 2023]
PLEASE READ THESE TERMS AND CONDITIONS OF PARTICIPATION IN THE [WAVES DE LA MER LOYALTY PROGRAM] CAREFULLY. BY PARTICIPATING IN THIS PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT PARTICIPATE IN THIS PROGRAM.
SECTION 9 BELOW CONTAINS A BINDING ARBITRATION CLAUSE. THEY AFFECT YOUR RIGHTS. PLEASE READ THEM.
1. Membership Eligibility and Overview
1.1. The Waves De La Mer loyalty Program (“Program”) is offered at the sole discretion of Estee Lauder Malaysia Sdn. Bhd., the operator Estée Lauder in Malaysia (Company No. 99701036692(452192-H)), with an address of Suite 18.01, Level 18, Centrepoint South, The Boulevard, Mid Valley City, Lingkaran Syed Putra Kuala Lumpur, Malaysia 59200 (“Estée Lauder,” “we,” “our” or “us”). The Program is available to individuals for their personal use only and is limited to one account per individual. Corporations, associations or other groups may not participate in the Program. Individuals who are legal residents of Malaysia and at least 18 years or older are eligible to become members. At least one (1) qualifying purchase is necessary to join the Program. The Program may not be used for any business or commercial purpose and we may refuse to create an account for any reason. Employees and individuals employed by our business partners or vendors are eligible for membership for personal use only but may be excluded from certain benefits of the Program.
2. Program Enrollment
2.1. Eligible individuals may enroll in the Program through one of the following options:
2.1.1. Visit La Mer retail store or La Mer counter at a Program-participating department store counter or visit our La Mer chat & shop platform in Malaysia (collectively, the “Store”), tell a beauty advisor (“Beauty Advisor”) you would like to register for the Program and then proceed to complete the registration form.
2.2. You are required to provide your name, mobile phone number, email address, mailing address and birth date in order to enroll. You are solely responsible for maintaining the accuracy of your account information and for updating it as required. You may update your personal information by contacting firstname.lastname@example.org or by visiting any Store and informing a Beauty Advisor you would like to update your information.
2.3. Only one Program account may be associated with a single member and 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 of the email address submitted at the time of enrollment. For purposes of these Program 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 submitted email address.
3. How the Program Works
3.1. The Program is a way in which we reward and thank our loyal customers for purchasing our products and for participating in certain brand experiences. You are able to earn points by making eligible purchases. You will receive 1 point for every 1 Malaysian Ringgit (RM1) spent on qualifying purchases in the Store or in our La Mer chat & shop platform, and in addition to these purchases, we may offer more ways to earn and/or accelerate your points from time to time. Once you earn a certain number of points, you may be eligible for certain benefits and rewards applicable to that 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 earn points may be posted on the Brand Site or may be published through other media (e.g., in marketing communications, social media, etc.). Visit our FAQs to learn more about earning points.
3.2. Members receive 1 point for every 1 Malaysian Ringgit (RM1) spent on eligible purchases in Store or in our La Mer chat & shop platform. Eligible purchases include regular priced merchandise and exclude eGift Cards, discounts, shipping and delivery charges, and/or other excluded charges specified by us from time-to-time. For your purchase to qualify for the Program, you must be enrolled in the Program the date of purchase and be signed into or linked your account at the time of purchase. However, if your membership in the Program is terminated for any reason and you enroll in a new Program account, any purchases made prior to the date you enroll in a new Program account do not qualify for points.
3.3. Purchases made in airport stores and retail stores outside of Malaysia are not eligible purchases for the purpose of this Program.
3.4. Points are accumulated during each calendar year, from the date of your first qualifying purchase anytime during the year to 31 December of the same year. At the end of 31 December each year, your accumulated points in the present calendar year shall be saved in record and shall only be used for redemption during reward redemption period (usually held during April next calendar year). On 1 January of the new calendar year, your points reset to zero (0) and you start accumulating new points for the new calendar year, starting from your next qualifying purchase anytime during the new calendar year to 31 December of the new calendar year.
4. Product Rewards and Benefits
4.1. As a Member, you earn points that determine your points benefits. Product rewards are redeemed at the Store only. Redemption will be carried out strictly based on your available points accumulated from the previous calendar year and topping up of points with payment to redeem rewards is not allowed.
4.1.1. Point Rewards: Starting 1800 points , you are eligible to redeem some or all of these points collected during a calendar year for product rewards during reward redemption period (usually held April next calendar year). Reward offerings are subject to availability and must be redeemed at the Store. These rewards are based on the number of points you have accumulated in the previous calendar year. Other specific rewards vary based on availability. You must redeem your available points/rewards prior to the end of reward redemption period, or the available points and rewards will expire. You will not have the flexibility to choose the reward tiers you are entitled to redeem; instead, the Program system will identify the eligibility of your reward tiers (by assigning your available points to the highest tiers first and any balance points which do not fit into the lowest tier shall be forfeited).
4.2. Neither accounts nor Program rewards, benefits and/or points may be transferred, shared or combined. Only the Member paying for the products may accumulate rewards, benefits and/or points. Members will not receive rewards, benefits and/or points on purchases which are reimbursed by corporations or other organizations ineligible to participate in the Program. We reserve the right to monitor the number of accounts per household and refuse, merge or close additional or duplicate accounts at any time. Your account information (including but not limited to security details) is confidential and should not be shared with any other person.
4.3. Rewards, benefits and points earned through the Program have no cash value, are non-transferable, and you have no property rights in or to rewards or other Program benefits. Purchase balances and/or points credited to your Program account will be decreased or reversed, as applicable, if part or all of a purchase is returned or cancelled or if the credit is obtained through fraudulent or other activity that violates these Program Terms. The sale, barter, transfer, or assignment of any rewards benefits, or points offered through the Program, other than by us, is expressly prohibited.
4.4. Rewards cannot be exchanged or returned for points, another product or service or a monetary refund.
4.5. The products and services available through the Program and any samples that we may provide to you are for personal use only. You may not sell or resell any of the products, services, or samples you purchase or otherwise receive from us. We reserve 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 we believe, in our sole discretion, may result in the violation of our Program Terms.
4.6. We are not responsible for rewards, benefits and/or points lost or redeemed due to fraudulent activity by you or any third party.
4.7. We reserve the right to change Program benefits, how you earn points and how we evaluate and reward your eligible purchases and/or other Program activity. We reserve the right to place limits on the number of purchases or activities that are eligible for the Program and/or for any given point level, the number or types of rewards or benefits you may receive or earn at any given point level, in a given time period or for the duration of the Program, and/or any combination thereof.
4.8. If you have concerns that a purchase or other activity was not properly applied to your account, you should contact La Mer Customer Service by sending an email to email@example.com. Your email must specify your name, mobile number, 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. We are not responsible for late notifications about purchases or other Program activities not being credited to an account.
4.9. Rewards can only be redeemed at the Store, unless otherwise noted by us.
5. Marketing and Program-Related Communications
5.1. By enrolling in the Program, you will be automatically subscribed to receive and you consent to receive La Mer marketing emails and Program related emails, including Program marketing emails. Examples of Program-related emails include, but are not limited to, redemption confirmation emails, profile update emails, or other communications that relate to your account.
6. Termination and Modification
6.1. The Program and its benefits are offered at our sole discretion. We may, in our discretion, cancel, modify, restrict or terminate these Program Terms, our FAQs, and/or the Program or any aspect or feature of the Program at any time without prior notice, even though such changes may affect the value of rewards or benefits already accumulated or earned and/or the ability to redeem accumulated rewards or benefits.
6.2. Any change will be effective immediately upon posting of such change on our Brand Site, or upon informing you via email, or any other method of communication chosen at our sole discretion. Each changed version of these Program Terms, our FAQs, and/or the Program or any aspect or feature of the Program shall apply and supersede all previous versions, including the hardcopy version (if any). Unless the Program is terminated by us, your continued participation in the Program, on or after the effective date for any change of the Program Terms, our FAQs, and/or the Program or any aspect or feature of the Program, will be deemed as full knowledge and acceptance of such change. If you do not agree to any such change, your sole recourse shall be to cancel your membership.
6.3. We reserve 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, illegal activity, fraud, misrepresentation or other conduct inconsistent with these Program Terms and/or detrimental to us or our interests, including without limitation, any suspected illegal, fraudulent other unauthorized use of any Program rewards, points, cards, credits, 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 rewards or benefits in your account will automatically expire and your access to the Program and features will automatically terminate. If we suspect illegal activity, fraud, misrepresentation, abuse or violation of these Terms, we also have the right to take appropriate legal action, in our sole discretion.
6.4. If you decide you no longer want to be a part of the Program, you may cancel your membership by contacting firstname.lastname@example.org or by visiting any Store and tell a Beauty Advisor you would like to cancel. If you cancel your membership, you will lose all accumulated points and your benefits will automatically expire.
7. Disclaimer of Warranties; Limitation of Liability
7.1. NEITHER LA MER 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 REWARDS OR BENEFITS 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.
7.2. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER LA MER NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE PROGRAM; (c) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) ANY INACCURACIES OR OMISSIONS IN PROGRAM CONTENT; OR (e) EVENTS BEYOND OUR REASONABLE CONTROL. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.
7.3. FURTHER, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER ESTÉE LAUDER 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/OR YOUR PARTICIPATION THEREIN, WHETHER IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY FOR SUCH CLAIMS EXCEED ONE HUNDRED MALAYSIAN RINGGIT (RM100.00).
7.4. YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, YOUR PARTICIPATION IN THE PROGRAM, USE OF ANY REWARDS OR OTHER BENEFIT 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. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
To the fullest extent permitted by applicable law, 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 attorneys' 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 Program Terms.
9. Governing Law and Disputes
9.1. This Program and these Program Terms will be governed by and construed in accordance with the laws of Malaysia.
9.2. ANY DISPUTE RELATING IN ANY WAY TO THIS PROGRAM, THESE TERMS, YOUR PROGRAM MEMBERSHIP, OR THE RELATIONSHIP BETWEEN THE PARTIES SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN MALAYSIA AND YOU AGREE TO SUBMIT YOURSELF TO THE JURISDICTION AND PROCEEDINGS THEREOF. ARBITRATION MEANS THAT A SINGLE ARBITRATOR WILL DECIDE THE CLAIM, AND YOU WILL NOT HAVE THE RIGHT TO SUE IN COURT OR TO HAVE A JUDGE OR JURY DECIDE YOUR CLAIM. YOUR RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY ALSO BE LIMITED IN ARBITRATION. It is further agreed that any dispute over the scope of this arbitration provision and any dispute as to whether a claim is arbitral shall be submitted to the arbitrator for decision. Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under these Terms shall be conducted in Kuala Lumpur by the Asian International Arbitration Centre (“AIAC”) and in accordance with the AIAC Rules (“Rules”). The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
9.3. 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 action-basis or to utilize 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.
11. Entire Agreement; Waiver; and Survival
11.1. These Program Terms contains the entire agreement of the Parties regarding the subject matter of the Program and there are no other promises or conditions in any other agreement, oral or written regarding this subject matter. These Terms supersede any prior written or oral agreements between La Mer and you regarding the subject matter of the Program. Unless expressly set forth otherwise, in the event of a conflict between these Terms and any other documentation exchanged between Estée Lauder and you, these Terms shall prevail.
11.2. The failure of La Mer to enforce any provision of these Terms shall not be construed as a waiver or limitation of Estée Lauder’s right to subsequently enforce and compel strict compliance with every provision of these Terms.
11.3. The following Sections shall survive the cancellation or termination of the Program and your membership: 7, 8, 9 and 10.
12. Contact Us
For information about the Program and your membership, contact via email at email@example.com. We are not responsible for requests or correspondence lost or delayed in the mail or over the Internet. You may also provide answers to helpful frequently answered questions in our FAQs.