Last updated October 10, 2016

E-LIST CANADA LOYALTY PROGRAM:
TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS OF PARTICIPATION IN THE ESTEE E-LIST 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.

  1. Membership Eligibility and Overview
    1. The Estée E-List Loyalty Program (“Program”) is offered at the sole discretion of Estée Lauder Cosmetics Ltd. (“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 Canada and at least the age of majority in their jurisdiction of residence and who provide and maintain a valid email address are eligible to become members.  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. By joining the Program and becoming a Program member, you (individually and collectively, “you,” “your,” or “Member”), agree that you have read, understood and agree to be bound by these Program Terms and Conditions of Participation (“Terms”) and by any changes or modifications we may make.  You should review these Terms and the related policies and FAQs frequently to understand the terms and conditions that apply to the Program as they may change from time to time.  These Terms do not alter in any way the terms or conditions of any other agreement you may have with us, including any agreement for products or services.  By enrolling in the Program, you also agree to be bound by our website Privacy Policy and our website Terms and Conditions, which are incorporated herein by reference.  If you do not agree to these Terms, our website Privacy Policy, and our website Terms and Conditions, you cannot participate in the Program.  The Program is void where prohibited by law.
  2. Program Enrollment
    1. Eligible individuals may enroll in the Program by visiting www.esteelauder.ca (collectively, the “Site”) and following the Program prompts to register for the Program.
    2. You are required to provide your email address in order to enroll in the Program.  You will also need to create an account by providing your name and creating a password in order to access certain Program benefits and rewards.  You are solely responsible for maintaining the accuracy of your account information and for updating it as required.  You may update your personal information on the Site.
    3. Only one Program account may be associated with a single email address.  In the event of a dispute over ownership of the Program membership account, the member will be deemed to be the authorized account holder of the email address submitted at the time of enrollment.  For purposes of these Terms, the "authorized account holder" is the natural person who is assigned to the submitted email address by an internet provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
  3. How the Program Works and Program Benefits
    1. The Program is a way in which we reward and thank our loyal customers for purchasing our products and/or taking other Program related actions. You are able to earn points and reach Program loyalty tiers by making eligible purchases or taking certain other Program actions.   For your purchase to qualify for the Program, you must be enrolled in the Program and be signed into your online account at the time of purchase.  Past purchases made within 30 days of the date you joined the Program will also qualify for the Program if you provided the email address associated with your online account at the time of the purchase.  Once you earn points and reach a certain loyalty tier, you may be eligible for certain benefits and rewards applicable to that tier, which benefits may change from time to time and may be offered on a limited basis.  Eligible purchases and other opportunities to earn points and reach Program loyalty tiers will be posted on the 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 and reaching the Program loyalty tiers.
    2. Purchases made on www.esteelauder.ca are eligible for the Program. Purchases made in department stores, specialty stores, airport stores and retail stores are not eligible for the Program. Qualifying purchases include regular priced merchandise and services, and exclude applicable taxes, fees, shipping and delivery charges or other excluded charges specified by us from time-to-time.
    3. Neither accounts nor Program rewards, benefits and/or points may be 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.
    4. 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 the purchase is returned or cancelled or if the credit is obtained through fraudulent or other activity that violates these Terms.  The sale, barter, transfer, or assignment of any rewards, points or benefits offered through the Program, other than by us, is expressly prohibited.
    5. Rewards cannot be exchanged or returned for points, another product or a monetary refund.
    6. 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 Terms.
    7. We are not responsible for rewards, benefits and/or points lost or redeemed due to fraudulent activity.
    8. We reserve the right to change Program benefits, how you earn points and reach each Program tier 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 tier, the number or types of rewards or benefits you may receive or earn in any given tier, in a given time period or for the duration of the Program, and/or any combination thereof.
    9. If you have concerns that a purchase or other activity was not properly applied to your account, you should contact Estée Lauder Customer Service. Your email must specify your name and email address associated with the Program, the date of the Program activity, and the issue(s) you encountered.  This email must be sent no more than forty-five (45) days after the date the purchase or other Program activity took place.  We are not responsible for late notifications about purchases or other Program activities not being credited to an account.
    10.   Rewards can only be redeemed on the Site, unless otherwise noted by Estée Lauder.
  4. Program Communications
    1. By enrolling in the Program, you will automatically receive Program-related emails, including Program marketing emails and information about your E-List account, rewards and benefits. We may also give you the option to opt-in to receive other marketing communications from Estee Lauder Online Canada at the time of enrollment.
    2. You may opt-out of receiving Program-related emails (including Program marketing emails) or Estee Lauder Online Canada marketing emails at any time by following the instructions provided in the email and as otherwise provided in the Estee Lauder Privacy Policy. If you opt-out of Program-related emails, you will no longer receive emails regarding your Program status or the Program rewards or benefits that may be available to you.
  5. Termination and Modification
    1. The Program and its benefits are offered at our sole discretion.  Except where prohibited by law (which may include Quebec), we may, in our discretion, cancel, modify, restrict or terminate these 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.
    2. 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 Terms, failure to make a purchase using your Program account within 24 months, illegal activity, fraud, misrepresentation or other conduct inconsistent with these Terms and/or detrimental to us or our interests, including without limitation, any suspected illegal, fraudulent or 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.
    3. If you decide you no longer want to be a part of the Program, you may cancel your membership at any time by opting-out of the Program in your account on the Site. If you cancel your membership, you will lose all accumulated points, benefits and tier status.
  6. Disclaimer of Warranties; Limitation of Liability
    1. THE LAWS OF CERTAIN JURISDICTIONS, WHICH MAY INCLUDE QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, CONDITIONS, REPRESENTATIONS, LIABILITY OR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY.
    2. NEITHER ESTEE LAUDER NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS 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, WARRANTIES AND CONDITIONS ARE NOT LEGALLY EXCLUDABLE.
    3. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER ESTEE LAUDER NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) 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) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF THIRD PARTY LINKS ON THE SITE OR USE OF ANY REWARD OR BENEFIT OF THE PROGRAM; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (f) ANY INACCURACIES OR OMISSIONS IN PROGRAM CONTENT; OR (g) EVENTS BEYOND OUR REASONABLE CONTROL. WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS THAT DEFECTS OR ERRORS WILL BE CORRECTED.
    4. FURTHER, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER ESTEE 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, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS (CA $100.00).
    5. IF YOU HAVE A DISPUTE WITH US OR 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.
  7. Indemnification 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 Terms.
  8. Governing Law and Disputes
    1. Unless the laws of your jurisdiction require that those laws apply (such as in Quebec), this Program and these Terms will be governed by and construed under the substantive laws of the province of Ontario and the laws of Canada applicable therein.
  9. Privacy

    The personal information collected from you in connection with the Program, including but not limited to purchases made in connection with your Program membership, will be used and disclosed to administer your participation in the Program and otherwise in accordance with the Estee Lauder Privacy Policy

  10. Contact Us

    For information about the Program and your membership, contact Customer Service or call 1.877.311.3883 from within Canada.  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.

 

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