Welcome to the website dedicated to Kiehl’s ("Website"), a brand under the L’Oreal Singapore Pte. Ltd. (UEN:199001413D) (hereinafter referred to as “L’Oreal”, “Our”, “Us”, or “We”) portfolio. The Website is operated by or for and on behalf of L’Oreal.
1.ACCESS TO THE WEBSITE
To access and use the Website you must be at least 18 years old, or have obtained your parent’s or legal guardian’s consent.
If any portion of the Website requires you to register or open an account, you must provide Us with accurate, complete and updated registration information. You may also be asked to choose a login name, and password and/or pin code. Please select a password that would not be oblivious to someone trying to guess your password/ pin code.
You shall not disclose to any person your password/pin code and shall not permit or authorize any person to use your login name or password/pin code for any purpose whatsoever.
We may treat any access to or use of the Website at any time by the use of your login name and password as access to or use of the Website by you, notwithstanding that it may have been used by any other person without your knowledge or authority.
Additional fees for accessing and using the Internet are incurred at your own expense.
a.Intellectual property rights
Developing the Website involved significant investments by the L’Oreal Group. The Website and each of the elements it comprises (including but not limited to brands, images, texts, videos, software, graphics, music and sounds contained on or available through the Website) are protected by intellectual property rights owned by the L’ORÉAL Group. The contents of the Website cannot be reproduced, modified, transferred, distributed, republished, downloaded, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical photocopying or recording without the written permission of L’Oreal. Without prejudice to the foregoing, you agree that the material and content contained within or throughout the Website may not be used for commercial purposes or distributed commercially on any media whatsoever.
Your access to or use of the Website should not be construed as granting, by implication, estoppel or otherwise, any license or right to use the trademarks, tradenames, logos or service marks appearing on the Website without Our prior written consent. You may not, without Our prior written consent, use any of such trademarks, tradenames, logos or service marks as a hyperlink to the Site or any other website.
If applicable, you agree that you shall obtain all the necessary authorizations and rights from any relevant rights holders in connection with any content you may wish to post via the Website, including any and all intellectual property rights and/or literary, artistic and/or industrial property rights, and publicity rights (including the right to one’s image), to allow your quiet use of such contents. For example, you shall obtain the rights in and to any contents (especially photographs) showing recent architectural items, advertising designs or apparel designs that might appear (acronyms, logos, etc.).
You agree that you are responsible for any content (including, but not limited to text, photos, videos, or opinions) which you post or transmit through the Website or any space made available by Us via the Website (“User Content”).
By posting User Content on or via the Website, you hereby grant Us for the period permissible under Singapore law, foreign laws and international treaties (including any subsequent supplementary or amendments), a royalty-free, irrevocable, non-exclusive, worldwide, sub-licensable license to reproduce, display, use, copy, make clarifications to, modify (but not alter the images, words and/or opinions conveyed in the User Content), adapt, edit, distribute, translate, create derivative works from, incorporate into other works, distribute such User Content (in whole or in part), and to use the User Content for all in-house or external, corporate or financial communication purposes, advertising, and for all public relations, historical or archival purposes, of L’ORÉAL Group or its affiliates, its products and/or its brands, particularly on the following media:
- Posting in any format, in unlimited quantity;
- The written press, for an unlimited number of publications;
- Publishing, unlimited number of publications, particularly publishing for purposes of in-house communication, including sales force and distribution network (wholesalers, retailers, agents, etc.), events, leaflets for congresses, tradeshows, stands ...; B-to-B communication, in the professional press, for an unlimited number of publications and/or quantities;
- Electronic, IT, digital, multimedia, Internet and Intranet publishing, via any websites (whatever the website and/or medium, including social networks such as Facebook, Twitter, YouTube or Dailymotion) (“social networks”), for an unlimited number of inserts and broadcasts; and/or
- via any advertising and promotional media (including by way of advertising at retail outlets and on the L’ORÉAL Group brand products (“Media”).
You agree that you shall have no recourse against L’Oreal or the L’Oreal Group for any alleged or actual infringement or misappropriation of any proprietary right in your User Content to us.
Further, the use of User Content may come with such anonymized information as your city, country or age, and/or, if you expressly authorized it, information allowing your identification such as your first name, or your alias.
In addition, if you access User Content created by another user, you shall be required to comply with said user’s rights and you shall, in particular, not reproduce or disseminate said User Content published via other media without the relevant user’s prior consent.
Except for any personal data which We have agreed to keep confidential, any feedback, data, answers, questions, comments, suggestions, plans, ideas or the like that you send to Us via the Website, via email or otherwise, will be treated as being non-confidential and nonproprietary. We assume no obligation to protect such information from disclosure and will be free to reproduce, use, and distribute the information to others without restriction. We will also be free to use any ideas, concepts, know-how or techniques contained in information that you send us for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and services incorporating such information.
3.CODE OF CONDUCT
We support the values of tolerance and respect of others, and you agree to use the Website only for lawful purposes.
You also agree not to:
- Convey any racist, violent, xenophobic, malicious, rude, obscene or unlawful comments;
- Disseminate any content that may be harmful, defamatory, unauthorized, malicious or infringing on privacy or publicity rights, inciting violence, racial or ethnic hatred or qualify as gross indecency or incitement to commit certain crimes or offences;
- knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
- Use the Website:
- for political, propaganda or proselytizing purposes;
- in any way that breaches any applicable local, national or international law or regulation;
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- for the purpose of harming or attempting to harm minors in any way;
- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam)
- Publish any content advertising or promoting any products and/or services competing with the brand(s) displayed on the Website;
- Divert the Website from its intended purpose, including by using it as a dating service;
- Disseminate any information that may directly or indirectly allow the nominal and specific identification of an individual without prior and express consent, such as their last name, postal address, email address, telephone number;
- Disseminate any information or content that may be upsetting for the youngest;
- Intimidate or harass others;
- Conduct illegal activities, including that may infringe anyone’s rights in and to any software, trademarks, photographs, images, texts, videos, etc.;
- Disseminate content (including photographs and videos) portraying minors.
If you become aware of any such User Content which:
(i)condone crimes against humanity, incite racial hatred and/or violence, or relate to child pornography;
(ii)is in breach of the principles of the Code of Conduct; or
(iii)is in breach of your rights or any third party’s rights (e.g. any infringement, insult, breach of privacy);
(collectively the “Objectionable Content”),
you may notify Us by email to email@example.com and SGDPO@loreal.com, specifying in your email:
- (a)the date on which you discovered the Objectionable Content;
- (b)your name and email address;
- (c)the URL of the Objectionable Content;
- (d)a description of the disputed Objectionable Content;
- (e)the user ID of the author of the Objectionable Content;
- (f)the reason for the removal of the Objectionable Content; and
- (g)a copy of supporting documents/evidence in direct connection with the Objectionable Content (for example screenshots, correspondences with the author of the Objectionable Content etc.)
We reserve the right to not consider any incomplete notice(s) of Objectionable Content which do not comply with the requirements above.
4.INFORMATION CONTAINED ON THE WEBSITE
We hereby remind you that inaccuracies and omissions may appear in the information available on the Website, particularly due to information under the control of third parties. We will endeavour to remove inaccuracies or to complete such information on the Website as soon as possible.
The products and services presented to you on the Website are not offered for sale but a general presentation of the range of the products and services that We distribute in the country where this Site is available.
b.Advice and beauty profile
The advice, information, and tools provided by L’Oreal and Kiehl’s on the Website, are strictly for indicative and simulation purpose(s) for you to obtain expert cosmetics advice only, and shall in no event replace or be construed as a medical diagnosis or clinical consultation, nor be substituted for medical treatment.
Accordingly, We cannot guarantee your satisfaction with the advice and information arising from the use of such tools, and We assume no liability arising from any use from the advice, information and the tools which you may sustain thereof.
For any further information or in the event of doubt with any advice, information and/or tools provided by L’Oreal and/or Kiehl’s, We recommend that you consult your physician or a qualified medical professional.
The hypertext links included on the Website may lead you to websites published by third parties. The Website may also contain content posted on or via the Website by third parties. L’Oreal shall not be responsible for any errors or omissions in any content in the Website, or the content, products or services of any hyperlinked website or any hyperlink contained in a hyperlinked web site, nor for the privacy and security practices employed by these other third party websites, and shall not be liable for any loss or damage of any kind incurred as a result of the use of any content posted or contained in e-mails or otherwise transmitted or displayed via the Website, or arising from access to those websites. Use of the Website and any hyperlinks and access to such hyperlinked third party websites are entirely at your own risk.
You agree that L’Oreal has no control over, and excludes all liability for any material on the internet which can be accessed by using the Website. Neither can We be deemed to have endorsed the third party content. Accordingly, to the extent that said hypertext links were included on the Website for the sole purpose of facilitating your browsing experience of the Internet, accessing any third-party websites shall be your own decision and your sole liability.
When you access the Website, We may collect the following information:
(i)Anonymous web statistics collected as you browse the Website
(ii)Personal data you knowingly provide Us
Some portions of the Website may require you to provide your personal data. Personal data refers to all any information relating to you (including, but not limited to your name, contact number, email address and mailing address) obtained by us via your access to or use of the Website (“personal data”).
We may collect personal data related to you, particularly when you: (i) subscribe for a service; (ii) download Downloadable Content; (iii) sign in; (iv) apply for a game/competition; (v) send Us an e-mail; (v) respond to a poll or study. We may use your use your personal data for planning, research, design and marketing of services, rendering assistance to law enforcement, government or regulatory agencies, or complying with applicable laws or any order of court.
Cookies are small files that are left on your device while you browse the Website (such as the pages looked up, the date and time of such access, etc.) and which may be read whenever your access the same Website (“Cookies”)
While L’Oreal takes certain industry-accepted precautions to secure the Website or portions thereof, you agree that such precautions do not guarantee that use of the Website is invulnerable to all security breaches, nor does L’Oreal make any warranty, guarantee, or representation that use of the Site is protected from all viruses, worms, Trojan horses, and other vulnerabilities. L’Oreal cannot guarantee the permanent availability and accessibility of the Website, and therefore We may be required to momentarily suspend access to all or part of the Website, particularly for technical maintenance purposes.
It is hereby further specified that the Internet and IT or telecommunication networks are not error-free and that interruptions and failures can occur. We cannot provide any guarantee in this regard and shall not therefore be held liable for any damage that may relate to the use of the Internet and IT or telecommunication networks, including, without limitation:
-Poor transmission and/or reception of any data and/or information via the Internet;
-Any external intrusions or computer viruses;
-Any defaulting reception equipment or communication networks; and
-Any such Internet malfunction as may hinder the proper operation of the Website.
Save as required by applicable law, we hereby disclaim any and all representations, warranties and conditions, whether express or implied, as to the operation of the Website or the content, statements or other information contained on the Website, or the products or services accessible or available through the Website. You agree that, to the fullest extent permitted by applicable laws, We shall not be responsible or liable (whether in contract, tort (including negligence) or otherwise), under any circumstances, for (a) any interruption of business; (b) access delays or access interruptions to the Website; (c) data non-delivery, misdelivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the Website; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of the Website, including during hyperlink to or from third party websites; (f) any inaccuracies or omissions in content; or (g) events beyond our reasonable control. Lastly, save as required by applicable law, our liability (if any) shall be limited to direct damages, excluding any other damages or losses whatsoever (such as any indirect damage relating, without limitation, to any loss of profit, revenue or goodwill).
The Website is not directed at any person in any jurisdiction where for any reason the publication or availability of Our Website is prohibited. Those in respect of whom such prohibitions apply must not access our Website.
We do not represent that either the Website, the Downloadable Content, or the content herein are appropriate for use or permitted by local laws in all jurisdictions. Those who access the Website do so on their own initiative and are responsible for compliance with applicable local laws or regulations; legal advice should be sought in cases of doubt.
10.LIMITATION OF LIABILITY
13.GOVERNING LAW AND DISPUTES
(Updated as of: September 2020)