TERMS OF USE
1. Introduction
1.1 The Guerlain site is edited by Guerlain SAS, a joint stock company, with capital of 19,764,000 euros, registered with the Registry of Companies of Paris under number 582 022 265, Siret 582 022 265 00018, whose headquarters are located at 68, Avenue des Champs-Elysees, 75008 Paris, France.
Publication Director: Gabrielle Saint-Genis Rodriguez
Guerlain Web Hosting
Salesforce Commerce Cloud: 415 Mission Street - CA 94105
San Francisco, United States.
1.2 Please read these terms of use (“Terms”) carefully before accessing Guerlain’s Site and/or accessing or using any services made available on the Site. The Terms on this Site govern your rights and obligations (whether as a guest or account holder) regarding your access of the Site and/or your use of any services made available on the Site.
1.3 By clicking the “Account Creation” by and clicking “Submit” or an equivalent button, or accessing the Site or any other services made available on the Site, you agree and acknowledge that you have read, understood and will be bound by these Terms, and any other documents contained in these Terms, including but not limited to Guerlain’s Privacy Policy, which can be found at Privacy Policy.
1.4 If you do not agree to be bound by these Terms, you should not access the Site or use any services made available on the Site.
1.5 You also hereby warrant and represent that you have the legal capacity to agree to these Terms and are legally competent to read, understand and accept the provisions of these Terms on behalf of yourself. These Terms are entered into by and between Guerlain and you, regarding your use of the Site.
1.6 We reserve the right to amend these Terms without notice to you. Any changes to these Terms or the revised Terms will be posted on and can be viewed at the Site. Unless otherwise stated, any revision or changes to these Terms takes effect immediately. Your continued access or use of the Site and/or any services made available on the Site after a revision or change to these Terms constitutes your binding acceptance of the revised Terms.
1.7 These Terms constitute a legal agreement between you and us.
1.8 We may from time to time issue further terms, guidelines or rules for use of the Site or certain aspects of it. You agree to comply with any and all such terms, guidelines or rules, as well as any amendments to the aforementioned, issued by us, from time to time. We reserve the right to revise such terms, guidelines or rules, at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Site.
2. Account
2.1 Prior to accessing the Site or using any services made available by or on the Site, you are required to set up an account by providing us with your first name, last name, date of birth, phone number, email address, password, or such other details as may be required by Guerlain from time to time (“Account”). For the avoidance of doubt, you acknowledge and agree that Guerlain reserves the right to immediately terminate your Account without further notice to you:
(a) if any information provided by you is inaccurate, incomplete, or deemed by us, in our sole discretion, to be invalid; or
(b) for any or no reason whatsoever as determined by Guerlain at its sole discretion without incurring any liability to you.
2.2 You shall maintain the confidentiality of your username and password, and you shall be solely responsible for all activities that are carried out under or pursuant to them regardless of whether they are in fact carried out by you. Guerlain does not have the means to check the identities of people accessing the Site and/or using the services made available on the Site, and will not be responsible, in any way whatsoever, for losses suffered by you or any third party if there is any unauthorised use of your username or password.
2.3 You represent that whatever information that you provide to us through the Site, whether for the opening the Account or for any other transaction carried out through the Site are accurate and complete. In the case of information that identifies you, you represent that such information about you are indeed correct, accurate and complete. You are prohibited from providing false information about yourself on the Site or to take on the identity of some other person whether fictitious or otherwise.
3. Your Obligations
3.1 You are solely responsible for your own Internet connection charges and/or telecommunications charges incurred for accessing the Site and/or using the services made available by or on the Site.
3.2 You shall comply at all times with any instructions or directions that may be made/issued from time to time for access of the Site and/or use of the services made available by or on the Site, whether such instructions or directions are made/issued by us or other third parties providers of the services made available by or on the Site, including any end user terms relating to such services.
3.3 Without prejudice to Clause 2.2 above, you agree and acknowledge that you shall keep your username and/or password secure, and not permit any other person to use your username and/or password. For the purposes of this clause, you shall immediately notify us if you become aware of any unauthorised use of your username and/or password.
3.4 You acknowledge and agree that in accessing the Site and/or using any services made available on the Site, you shall not:
(a) act in a way, or use or introduce anything (including any virus, worm, Trojan horse, time bomb, keystroke logger, spyware or other similar feature) that may compromise, damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, network, data or personal data stored on the Site;
(b) use the Site in any manner that could damage, disable, overburden or impair any of our server(s), or the networks connected to our server(s), or interfere with any other party’s access to the Site and/or use of any services made available on the Site;
(c) attempt to gain unauthorised access to the Site, account information of other users of the Site, computer systems or networks connected to our server(s), including through hacking, password mining, modifying / using modified versions of the software on the Site or any other means or interfere or attempt to interfere with the proper working of the Site and/or any activities conducted on the Site;
(d) obtain, or attempt to obtain, any information through any means not intentionally made available by us on or through the Site;
(e) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site;
(f) license, sub-license, sell, re-sell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Site and/or any services made available on the Site in any way;
(g) modify, copy or create a derivative work based on the materials on the Site, nor decompile, decipher, reverse-engineer or disassemble or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site in order to build a competitive product or service; build a product using similar ideas, features, functions or graphics of the Site; or copy any ideas, features, functions or graphics of the Site, except to the extent expressly permitted by applicable law;
(h) link to, mirror or frame any portion of the Site;
(i) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Site;
(j) transmit, post, communicate, reproduce, distribute, store or destroy material, in violation of any applicable law or regulation;
(k) upload and/or provide any incomplete, false or inaccurate information about yourself or information which is not your own;
(l) use the Site for any unlawful purpose or any illegal activity; and
(m) do anything that would cause Guerlain to be in breach of applicable law.
3.5 You hereby agree to indemnify and hold us, our affiliates, and each of our and their respective directors, shareholders, employees, partners, agents, contractors, directors, suppliers, vendors and representatives harmless against all losses, damages, claims, liabilities, expenses or costs that arise from or in connection with:
(a) your access of the Site and/or use of any services made available on the Site;
(b) your breach of any of these Terms or any applicable law or regulation;
(c) any other party's access to and/or use of services made available on the Site as well as transactions carried out on the Site, using your username and/or password; and/or
(d) any other party's breach of any of these Terms where such party was able to access the Site and/or use the services made available on the Site using your username and/or password.
4. Links To Other Websites
4.1 The Site may include links to other sites. Any links provided on the Site are provided for your convenience only. Should you leave the Site via such a link or access the link, the content that you view in such linked web page or website owned or operated by third parties is not provided or controlled by us. We have not developed or reviewed, and are not responsible for the consequences of your accessing the linked web page or website, and/or any content, advertising, products, services or other material available at those web pages or websites. We make no guarantee, representation or warranty as to, and have no liability for, any content at those websites, including, but not limited to, guarantees, representations and warranties regarding the truth, adequacy, originality, accuracy, timeliness, completeness, reasonableness, non-infringement, suitability, satisfactory quality, merchantability or fitness for any particular purpose or any representations, warranties or guarantees arising from usage, custom or trade or by operation of law.
4.2 Any such link on our Site to other linked web pages or websites on the Site does not constitute an endorsement, authorisation, verification or representation by us of the Site or of the contents of the Site, nor that we are affiliated with the operators or owners of those linked websites, or the contents.
4.3 You agree that your access to and/or use of such linked web pages or websites is entirely at your own risk and subject to the terms and conditions of access and/or use contained therein.
5. Intellectual Property
5.1 We are the owner (or the licensee, where applicable) of all proprietary and intellectual property rights on the Site as well as any software used in connection with it (including all information, documents, data, texts, graphics, visual interfaces, artworks, photographs, logos, icons, sound recordings, videos, look and feel, software programmes, computer code, downloadable files, software applications, interactive features, tools, services) or other information or content made available on or through the Site.
5.2 We grant you, subject to these Terms, a non-exclusive, non-transferable, non-assignable, personal, terminable and limited license to access and use the Site for your own personal and non-commercial use . This license is revocable or able to be terminated by us, at any time without notice to you or liability to us. All rights not expressly granted to you are reserved by us.
5.3 The trademarks, trade names, service marks and other intellectual property rights mentioned on the Site are the property of Guerlain, its related corporations and/or relevant third parties, as the case may be. In particular, the reproduction of any documents posted on this Site is only authorised for the exclusive purposes of providing you with information for personal and private use, and any reproduction and/or use of copies of documents made for any other purposes is expressly prohibited.
6. Disclaimers
6.1 While we employ reasonable endeavours to provide you with information and materials on the Site that are correct and up-to-date, you agree that we make no representation, warranty or guarantee, express or implied, that the information and materials on the Site are accurate, complete, up-to-date, and/or fit for a particular purpose. We do not accept any liability for any errors or omissions on the Site including any of the contents, information and materials therein or thereon. The Site, the information and materials on the Site and/or the quality of the services made available on the Site, are provided to you for information purposes only and on an “as is” and “as available” basis without representations, warranties or guarantees of any kind either express or implied. You assume full and sole risk in using the Site and/or relying on any information on the Site.
6.2 We make no representations nor guarantees about the availability of the Site nor of your ability to access or use the services on the Site. You agree that we are not liable to you in any way whatsoever if:
(a) for any reason whatsoever the Site and/or any services on the Site is/are unavailable for any time or for any period;
(b) there are any bugs on the Site;
(c) we disallow your access to the Site;
(d) we terminate your Account for any or no reason whatsoever;
(e) there are any inaccuracies or omissions concerning the information available on the Site; and/or
(f) there is any damage caused to you resulting from fraudulent intrusion by a third party that leads to a change in the information made available on the Site.
We make no representation, warranty or guarantee that your access to the Site will be uninterrupted, timely or error-free. Without prejudice to the generality of the foregoing, due to the nature of the Internet, your ability to access the Site cannot be guaranteed. In addition, we may occasionally need to carry out repairs, maintenance or introduce new facilities and functions, on or to the Site, at our sole discretion and without the need to provide prior notice to you.
6.3 To the extent permitted by law, we and our licensors hereby disclaim all warranties, express or implied, statutory or otherwise, in respect of the Site and/or any services made available on or through the Site, and we and our licensors have no liability or responsibility to you or any other person (even if we have been advised as to the possibility) for any direct, indirect, economic, exemplary, incidental or consequential loss (including loss of profit, and loss of data), damage, claim, liability, expense or cost, whether in contract, tort (including negligence), equity, breach of statutory duty or otherwise, arising out of or in connection with:
(a) the Site and/or any services made available through or on the Site;
(b) the Site and/or any services made available through or on the Site being unavailable (in whole or in part), interrupted or performing slowly;
(c) any error in, or omission of, any information made available through or on the Site and/or any services made available through or on the Site;
(d) any other party's access and/or use of the Site and/or any services made available through or on the Site using your username and/or login password;
(e) any exposure to malicious software including but not limited to, viruses, computer worms, Trojan horses, spyware or other harmful forms of interference which may damage your computer system, mobile device, software, data or other property or expose you to fraud when you access or use the Site and/or any services made available through the Site. For the avoidance of doubt, you are responsible for ensuring the process by which you access and use the Site and/or any services made available through the Site protects you from this; and/or
(f) any site linked from the Site and/or any services made available through such linked websites.
6.4 We make no representation, warranty or guarantee:
(a) that the Site and/or any services made available through the Site is appropriate or available for use in all countries or in your country or that the content satisfies the laws of all countries or in your country. You are responsible for ensuring that your access to and use of the Site and/or any services made available through the Site is not illegal or prohibited, and for your own compliance with applicable local laws;
(b) that the Site and/or any services made available through the Site will be compatible with all or any hardware, software and operating system which you may use;
(c) about the accuracy, reliability, suitability, completeness or timeliness of the Site and/or any services made available through the Site or of any information from any party; and/or
(d) about the quality, suitability, safety or ability of the services made available through the Site.
7.5 We are not a party to any agreement, dealing or transaction entered into between you and any other party, whether as a result, directly or indirectly, from using the service made available through the Site and we disclaim any and all responsibilities and/or liabilities arising from such agreement between you and such third party service provider.
7. Exclusion Of Liability
7.1 To the maximum extent permitted by applicable law:
(a) your access and use of the Site and/or any services made available through the Site are entirely at your own risk; and
(b) we, our respective directors, shareholders, employees, partners, agents, suppliers, vendors and representatives are not liable or responsible to you or any other person for any direct, indirect or consequential loss (including loss of profit, loss of data and loss of customers), damage, claim, liability, expense or cost, whether in contract, tort (including negligence), equity, breach of statutory duty or otherwise, arising out of or in connection with these Terms, the Site, any services made available through the Site, and/or your access and use of (or inability to access or use) the Site and/or any services made available through the Site.
7.2 Without prejudice to and/or subject to Clauses 7 and 8.1, where our liability is not excluded under the Terms or under any applicable law, our liability for direct damages to you in any calendar year, in contract, tort (including negligence) or otherwise whosoever and whatever the cause thereof, arising by reason of or in connection with the Site and/or any services provided through or on the Site, shall be up to a maximum aggregate amount of S$50 (fifty).
8. Suspension And Termination
8.1 We reserve the right, in our absolute discretion, to monitor any and all access and use of the Site and/or any services made available through the Site.
8.2 Your ability to access the Site, use your Account or use any services made available through or on the Site is not guaranteed. We have the right at any point in time, for any or no reason whatsoever, to immediately terminate your access to the Site, your Account or any services made available through or on the Site. You agree that we are not liable to you in any way whatsoever for any loss or damage that you may suffer arising from such termination.
8.3 The existence of the Site is not guaranteed and we reserve the right to cease the Site or cease operation of the Site at any time whatsoever, for any or no reason. You agree that we are not liable to you in any way whatsoever for any loss or damage that you may suffer arising from the foregoing happening.
8.4 Without prejudice to any other right or remedy available to us, if we consider that you have breached any of these Terms or we otherwise consider it appropriate at our discretion, we may immediately, without notice to you and without incurring any liability to you, suspend or terminate your Account and access to the Site and/or any services made available through the Site (or any part of it) without compensation to you. We may also block access from a particular Internet protocol address to the Site and/or any services made available through the Site (or any part of it) in the event of any breach of these Terms. In addition, we reserve the right to seek all remedies available under these Terms, at law and in equity for breach of these Terms.
8.5 On suspension or termination of your Account, you must immediately cease using the Site and/or any services made available through the Site and you must not attempt to gain further access.
9. General
9.1 No Third-Party Beneficiaries. No third party who is not a party to these Terms (whether or not such person shall be named, referred to, or otherwise identified, or shall form part of a class of persons so named, referred to, or identified, in these Terms) shall have any rights to enforce or rely upon any of the provisions of these Terms.
9.2 Entire Agreement. These Terms constitute the entire agreement between us and you with respect to the subject matter hereof and supersedes all prior agreements between us and you, whether written or oral, relating to the same subject matter.
9.3 Partnership. Neither you nor Guerlain shall, by virtue of these Terms, be deemed to be a partner or agent of each other, nor shall anything contained herein be construed as creating a partnership, joint association or trust, it is agreed that each party will be responsible only for its obligations under these Terms, and neither party shall be authorised to represent or bind the other to any other person.
9.4 No Contra Proferentum Rule. You acknowledge and agree that prior to agreeing to these Terms, you have had the opportunity to seek, or have sought the advice of independent legal counsel, and have read and understood all of the terms and conditions in these Terms and its legal effect. These Terms shall not be construed against us because we drafted its provisions, and any rule of construction that a document shall be construed against the drafting party shall not apply to these Terms.
9.5 No Waiver. No failure on Guerlain’s part to exercise, and no delay on Guerlain’s part in exercising, any right or remedy under these Terms, will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof, or the exercise of any other right or remedy.
9.6 Cumulative rights and remedies. Unless otherwise provided under these Terms, the provisions of these Terms and Guerlain’s rights and remedies under these Terms are cumulative and are without prejudice and in addition to any rights or remedies Guerlain may have at law or in equity, and no exercise by Guerlain of any one right or remedy under these Terms, or at law or in equity, shall (save to the extent, if any, expressly provided for in these Terms or at law or in equity) operate so as to hinder or prevent Guerlain’s exercise of any other such right or remedy as at law or in equity.
9.7 Assignment.
(a) These Terms shall be binding upon and inure to Guerlain and your benefit, and any of Guerlain’s and your successors and permitted assigns. You may not assign or transfer any of your rights, benefits or obligations under these Terms without Guerlain’s prior written consent. No assignment shall relieve or discharge you of any of your obligations or liabilities hereunder, notwithstanding any voluntary assumption by the assignee of such obligations and liabilities.
(b) Guerlain shall be entitled, in Guerlain’s discretion, to delegate or subcontract the performance of any of our functions in connection with these Terms, and Guerlain reserves the right to use any service provider, subcontractor and/or agent on such terms as we deem appropriate.
9.8 Severability. If a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision of these Terms will be amended to achieve as nearly as possible the intent of the parties, and the remainder of these Terms will remain in full force and effect.
9.9 Language. These Terms are made in the English language only, and any translation of these Terms in another language shall not be binding upon the parties.
10. Governing Law and Dispute Resolution
10.1 These Terms shall be subject to and construed in accordance with the laws of Singapore and the parties hereby submit to the non-exclusive jurisdiction of the Singapore courts to hear matters relating to the use of the Site.
Last updated on January 4th, 2024