terms and conditions

TERMS AND CONDITIONS

membership and eligibility

Membership & Eligibility
The SkinHack's Program ("Program") is a rewards program to customers resident in Malaysia. Membership to the Program ("Membership") is limited to individuals only and is limited to one account per individual. Employees, officers, directors, agents and representatives of SkinHack's and its affiliates are eligible for Membership but may be excluded from certain promotions. You must be age 18 years or older and a legal resident of Malaysia to be eligible for Membership. Eligible minors must obtain their parent's or legal guardian's consent prior to participation. By submitting an application for Membership in the Program, you agree (or, if you are a minor, your parent or legal guardian agrees) to be bound by these terms and conditions ("Terms"). A purchase is necessary to become a member. Affiliates of SkinHack may also have similar customer programs; Membership in the Program does not confer any rights or benefits in the program of any other SkinHack's affiliate.

Intellectual Property
Intellectual property rights (including, without limitation, copyright, trademarks, patents, design rights and all other forms of intellectual property rights existing in the world) of all Program content and all software used in connection with the Program is the property of and are owned by or licensed to SkinHack or its affiliates. Nothing in these Terms constitutes a transfer of any intellectual property rights. Unless otherwise indicated on a particular part of the Program materials, permission is granted to electronically copy and to print in hard copy portions of the Program materials for the sole purpose of accessing the Program and the services provided therein for personal use. Any other use of Program materials - including reproduction, modification, distribution, republishing, transmission, display or performance - without the prior written permission of SkinHack is strictly prohibited.

Applicable Law
The Program and these Terms are governed by the laws of Malaysia, without giving effect to any principles of conflicts of laws. You hereby consent (or, if you are a minor, your parent or legal guardian hereby consents) to the exclusive jurisdiction of courts located in Malaysia in all disputes arising out of or relating to these Terms or the Program.

Additional Information on the Program
If you have any questions regarding the Program, you may email contact.my@skinhack.com.

You also represent and warrant that any Content you submit:

is not false, inaccurate or misleading;
does not harm minors;
does not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity;
does not violate any obligations you may have with respect to such Content under any law or under contractual or fiduciary relationships (such as, but not limited to, insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
does not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
is not, or would not reasonably be considered to be, unlawful, harmful, defamatory, libelous, vulgar, obscene, invasive of another’s privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual, partnership or corporation;
is not submitted for compensation or other consideration from any third party;
does not include any information that references other websites, addresses, e-mail addresses, contact information or phone numbers;
complies in all respects with these Terms, our Privacy Policy and all Guidelines and Rules;
will not expose Sephora to any civil or criminal proceedings in any part of the world;
may be used by Sephora for the purposes and in the manner set out in Clause 11.5 and will not require further licenses from, or infringe any intellectual property or other rights of, any third party;
is not unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; and
does not contain any computer viruses, worms or other potentially damaging computer programs or files.

11.3 SkinHack does not endorse any Content or any opinion, recommendation or advice expressed therein, and SkinHack disclaims all liability with respect to the Content. Content including reviews featured on the Sites are from SkinHack's global client database.

11.4 If your Content includes ideas, suggestions, documents or proposals to SkinHack through the Interactive Services:

such Content is not confidential or proprietary and Sephora has no obligation of confidentiality, express or implied, with respect thereto;
Sephora may have something similar to that Content already under consideration or development; and
you are not entitled to compensation, payment or reimbursement of any kind for such Content from SkinHack under any circumstances unless you are otherwise notified by Sephora in writing.

11.5 For any Content that you submit, you grant SkinHack and its affiliates and related entities a worldwide, perpetual, irrevocable, royalty-free, sub-licensable and transferable right and license to use, reproduce, communicate, distribute, copy, modify, delete in its entirety, edit, adapt, publish, translate, publicly display, publicly perform, use, create derivative works from and/or sell and/or distribute such Content and/or incorporate such Content into any form, medium or technology whether now or hereafter known throughout the world without compensation to you. This license will survive the termination of these Terms and your use of the Sites.

11.6 All Content that you submit is not confidential and may be used at SkinHack's discretion. SkinHack may or may not pre-screen Content. However, Sephora and its designees will have the right (but not the obligation) in their discretion to pre-screen, change, condense or delete any Content on the Sites. In particular, Sephora and its designees will have the right to remove any Content that SkinHack deems, in its discretion, to violate the Guidelines, or any other provision of these Terms or is otherwise objectionable.

11.7 Ratings, written comments, questions and answers are generally posted within 2 to 4 business days. However, SkinHack reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not SkinHack, are responsible for the contents of any Content you submit. None of the Content that you submit shall be subject to any obligation of confidence on the part of Sephora, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees.

11.8 You agree that SkinHack may in its sole discretion and without notice remove, withdraw or discard any Content for any reason, including without limitation where SkinHack has determined that any Content has violated or is inconsistent with the Terms.

YOUR ACCOUNT

12.1 You must be at least 18 years of age to become a registered Beauty Pass member. You may make a purchase through our Sites without creating a Beauty Pass account, however, you may not have access to certain services including the Interactive Services without a Beauty Pass account. For more details on Beauty Pass, please refer to our Beauty Pass terms and conditions and FAQ.

12.2 You agree that you shall only submit or provide any information which is accurate and true, and that you will keep the information provided up-to-date. Further, you agree that you shall not misuse the Sites by creating multiple Beauty Pass membership accounts.

12.3 On registration for Beauty Pass membership at our Site, you will need a password for your account. You are responsible for ensuring your account details including your password remain confidential, current, complete and accurate. You are responsible for all activities that occur under your account and/or password (authorised or not) as if such activities were carried out by you. You shall notify Sephora immediately if you become aware of or have reason for suspecting that the confidentiality of your account details including your password has been compromised or if there has been any unauthorised use of your account or if your personal information requires updating.

12.4 You may store your credit card information as part of your account in order to enable faster checkout processes. The collection and handling of this information is governed by our Privacy Policy.

12.5 If you access and use the Sites on behalf of another person, you represent that you have the authority to bind that person as the principal to these Terms. To the extent that you do not have such authority, you agree to be bound to these Terms and you accept liability for harm caused by any wrongful use of the Sites or Content.

12.6 Sephora reserves the right to suspend or terminate your account without prior notice for any reason including if these Terms are violated or if it is in Sephora’s best interests to do so.

GUIDELINES FOR INTERACTIVE SERVICES

13.1 We want to know what you think of the products you have tried, bought, know and love and we encourage you to use our Interactive Services. When writing a review for the RR Service, please consider the following guidelines:

focus on the product and your individual experience using it;
provide details about why you like or dislike a product;
all submitted reviews, comments and questions are read by our moderators and approval of your review is subject to these Terms.

13.2 You may not use our Interactive Services to impersonate any person or entity, including, without limitation, any Sephora official or employee, or to falsely state or otherwise misrepresent your affiliation with a person or entity. You may not use the Interactive Services to collect or store personal data about other users.

13.3 As noted above and in Clause 11, Sephora reserves the right to refuse posting a review, or to withdraw a posted review for any reason including if it violates the Rules, Guidelines or the provisions of these Terms regarding submission of Content generally.

13.4 Reviewers must be age 18 years or older at the time of reviewing. If you are under 18 years of age, you may only write a review with the consent of your parent or guardian. Submitted reviews are read by our moderators and are subject to the terms set forth in these Terms. We reserve the right not to post your review or to withdraw any posted review for any reason. Some reviews may get flagged, reviewed, and then later removed by our moderation team after previously appearing on the Sites. Your review may be excluded if it violates review guidelines or contains any of the following types of content:

Inappropriate comments (aggressive, threatening, trolling, etc.), profanities, discriminatory language or hate speech, or other language not suitable for the public;
Evidence of potential danger, injury, violence or death
Third party URLs (Sephora URLs are OK) and Personal Data (including but not limited to phone numbers, addresses, email addresses, etc.);
Advertisements, "spam" content, references to other products, offers, or websites;
Any content or materials which you do not own or for which you have not secured all necessary rights;
Critical comments about other reviews posted on the page or their authors;
Discussion of medical conditions or claims of medical effectiveness outside of the stated product benefits; and
A review that does not apply to the actual product (e.g. customer service experience).

13.5 In addition, if you wish to share feedback with us about product selection, pricing, ordering, delivery, or other customer service issues including issues with your ratings and reviews, please contact us directly by visiting https://www.sephora.my/contact-us. Please do not submit this feedback through a product review. Otherwise, feel free to review as many products as you wish following the guidelines above!
1. THIRD PARTY CONTENT AND THIRD PARTY WEBSITES
14.1 SkinHack may provide content of third parties (“Third Party Content”) including links to the Social Sites and other third-party websites (collectively, “Third Party Websites”) as a service to those interested in this information. Sephora does not monitor, approve or have any control over any Social Sites or Third Party Content and the inclusion of Third Party Content including the Third Party Websites does not imply any association or relationship between Sephora and such third party.

14.2 SkinHack does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content or any Third Party Websites. Sephora is not responsible for updating or reviewing Third Party Content or Third Party Websites. You use Third Party Content and Third Party Websites at your own risk. You acknowledge and agree that Sephora is not responsible or liable for any content, advertising, products, or other materials on or available from any Third Party Websites or the availability of any content on the linked sites. You further acknowledge and agree that Sephora shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any Third Party Websites. Third Party Content, including comments from third party users submitted to Sephora through the Interactive Services, do not necessarily reflect the views of Sephora.
1. MOBILE SERVICES
15.1 Please be aware that when you access the Sites through a mobile device (e.g. via the SkinHack mobile application), your carrier’s normal rates and fees such as text messaging fees or data charges will apply.
1. RESERVATION OF RIGHTS
16.1 SkinHack reserves the right to modify, discontinue or disable the Sites or any part of the Sites at any time, either on a permanent or temporary basis.

16.2 SkinHack reserves the right, at any time, without notice and in its discretion, to terminate, suspend or restrict your use of the Interactive Services and the Sites and to block or prevent your future access to and use of the Interactive Services and the Sites.

16.3 All provisions of these Terms that expressly survive termination or that by their nature are intended to survive such termination (including disclaimers and limitations of liability, all disclaimers of representations, warranties and conditions, and all statements recognizing Sephora and third party intellectual property rights) shall survive such termination.

16.4 SkinHack may access, preserve and disclose your account information and Content, including if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:
1. comply with legal process;
2. enforce these Terms;
3. respond to claims that any Content violates the rights of third parties;
4. respond to your requests for customer service or otherwise communicate with you;
5. verify and process your personal or payment particulars; or
6. protect the rights, property or personal safety of Sephora (and its employees), its users and the public.
1. DISCLAIMER AND LIMITATION OF LIABILITY
17.1 To the extent permitted by law, SkinHack is providing the Sites, their Contents and the Interactive Services on an as-is basis and makes no representations, conditions or warranties of any kind, express or implied, with respect to the operation of the Sites or Interactive Services, the information, content, materials or products, included on the Sites or as part of the Interactive Services. You should not act on any data or information posted on the Sites or Interactive Services without first independently verifying its contents.

17.2 Without prejudice to the generality of Clause 17.1, SkinHack does not make any representation or warranty:
1. regarding the accuracy, timeliness, adequacy, commercial value or completeness of all data and/or information contained in the Sites or the Interactive Services;
2. regarding the security of any information transmitted by you or to you through the Sites or Interactive Services;
3. that Site or the Interactive Services will be provided uninterrupted, secure or free from errors or omissions; or
4. that the Sites or Interactive Services are or will be free from any computer virus, worms or other potentially malicious, destructive or corrupting computer program or file.
17.3 To the extent permitted by law, SkinHack will not be liable for any damages of any kind arising out of or in connection with the use of the Sites or the Interactive Services. This is a comprehensive limitation of liability that applies to all damages of any kind, including but not limited to direct, indirect, incidental, punitive or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

17.4 Sephora will not be liable for any claim arising out of your incorrect or improper use of any or any goods, products or services offered by or purchased through the Sites, including use that does not comply with any product instructions or that would be otherwise unexpected or unreasonable.

17.5 To the maximum extent permitted by law, and subject to applicable consumer protection provisions, Sephora is not liable for claims arising from your use of non-Sephora branded products. This will not limit any claim you may have against the product manufacturer under consumer protection laws.

17.6 Notwithstanding anything in these Terms, certain legislation, including the Malaysia Sale of Goods Act, may impose consumer guarantees or imply warranties or conditions or impose obligations upon Sephora which cannot be excluded, restricted or modified except to a limited extent. Such legislation may, for example, impose non-excludable guarantees that goods are of acceptable quality or that services will be rendered with due care and skill (with certain remedies available to consumers for certain breaches of such guarantees). To the extent that such legislation applies, these Terms must be read subject to these statutory provisions and nothing in these Terms is intended to alter or restrict the operation of such provisions.
1. INDEMNIFICATION
18.1 You agree to defend, indemnify and hold harmless Sephora (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages of every kind, including reasonable legal fees, arising out of:
1. your use of and access to the Sites and the Interactive Services;
2. your violation of any term of these Terms;
3. a breach of your representations and warranties set forth above regarding Content;
4. your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or
5. any claim that any Content you submitted caused damage to a third party.
This indemnification obligation will survive the termination of these Terms and your use of the Sites and the Interactive Services.
1. FORCE MAJEURE
19.1 Transmissions over the Internet and electronic mail may be subject to interruption, blackout or delays due to internet traffic, or incorrect data transmission due to the public nature of the Internet. We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under a Contract when caused by events that are beyond our reasonable control (“Force Majeure Events”).

19.2 Force Majeure Events shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:
1. strike, lockout or other forms of protest;
2. civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war;
3. fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster;
4. inability to use trains, ships, aircraft, motorized transport, logistics delivery or other means of transport, public or private;
5. inability to use public or private telecommunications systems;
6. acts, decrees, legislation, regulations or restrictions of any government or public authority; or
7. failure or accident in maritime or river transport, postal transport or other type of transport.
19.3 It shall be understood that our obligations deriving from Contracts are suspended during the period in which a Force Majeure Event remains in effect and we may require an extension of the period to fulfill these obligations.
1. ENQUIRIES
20.1 The enquiries that you send to us must be sent preferably through our Contact Form. We shall be deemed to have received such enquiry only upon receipt.

20.2 We may send you a response either by e-mail or notifications to the postal address you provided us when placing the order. For email notifications, you shall be deemed to have received the notice on the date of e-mail transmission. For notifications by post, you shall be deemed to have received the notice on the date the notification is posted.
1. PRIVACY
21.1 By submitting your email address in connection with your account, you agree that Sephora and its third-party service providers may use your email address to contact you about your Sephora account or Content you have submitted to the Sites, including the Community, or for other administrative purposes and for any other purpose permitted or required by law. Sephora's Privacy Policy provides further detail on the manner in which Sephora may collect and use Personal Data about you, including any information you supply in connection with your use of these Sites and participation in the Community.
1. WAIVER
22.1 Sephora’s failure to enforce these Terms shall not constitute a waiver of these Terms, and such failure shall not affect the right later to enforce these Terms. We would still be entitled to our rights and seek remedies in any other situation where you breach these Terms.
1. SEVERABILITY
23.1 If at any time any clause or provision of these Terms shall be or shall become illegal, invalid or unenforceable in any respect, it shall be severed or modified to the extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant clause or provision shall be deemed deleted. The legality, validity and enforceability of the remaining provisions of these Terms shall not be affected or impaired by any such modification or severance, and shall continue in force as if such illegal, invalid or unenforceable clause or provision was severed from these Terms.
1. ENTIRE AGREEMENT
24.1 These Terms and Privacy Policy, read with the Contract constitutes the entire agreement between Sephora and you, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and undertakings between you and us, whether written or oral, relating to this subject matter.
1. RIGHTS OF THIRD PARTIES
25.1 A person or entity who is not a party to these Terms shall have no right under the Malaysia Contracts (Rights of Third Parties) Act or any similar legislation in any jurisdiction to enforce any of these Terms.
1. FRAUD PROTECTION PROGRAM
26.1 As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our Customer Service department may call you at the phone number you provided or contact you via your e-mail address to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

26.2 SkinHack reserves the right to conduct transaction verification processes, decline or cancel your order, reduce the quantity of your order and/or terminate your account without prior notice if these Terms are violated. You may receive a callback or email from our Customer Service conducting transaction verification related to an order.
1. GOVERNING LAW
27.1 These Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed in accordance with the law of Malaysia, without giving effect to any principles of conflict of laws.

27.2 You agree that the courts of Malaysia shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or its subject matter or formation.

terms of use

Intellectual Property
Intellectual property rights (including, without limitation, copyright, trademarks, patents, design rights and all other forms of intellectual property rights existing in the world) of all Program content and all software used in connection with the Program is the property of and are owned by or licensed to Sephora or its affiliates. Nothing in these Terms constitutes a transfer of any intellectual property rights. Unless otherwise indicated on a particular part of the Program materials, permission is granted to electronically copy and to print in hard copy portions of the Program materials for the sole purpose of accessing the Program and the services provided therein for personal use. Any other use of Program materials - including reproduction, modification, distribution, republishing, transmission, display or performance - without the prior written permission of Sephora is strictly prohibited.

Additional Information on the Program
If you have any questions regarding the Program, you may email contact.my@skinhack.com.

You also represent and warrant that any Content you submit:

is not false, inaccurate or misleading;
does not harm minors;
does not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity;
does not violate any obligations you may have with respect to such Content under any law or under contractual or fiduciary relationships (such as, but not limited to, insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
does not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
is not, or would not reasonably be considered to be, unlawful, harmful, defamatory, libelous, vulgar, obscene, invasive of another’s privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual, partnership or corporation;
is not submitted for compensation or other consideration from any third party;
does not include any information that references other websites, addresses, e-mail addresses, contact information or phone numbers;
complies in all respects with these Terms, our Privacy Policy and all Guidelines and Rules;
will not expose Sephora to any civil or criminal proceedings in any part of the world;
may be used by Sephora for the purposes and in the manner set out in Clause 11.5 and will not require further licenses from, or infringe any intellectual property or other rights of, any third party;
is not unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; and
does not contain any computer viruses, worms or other potentially damaging computer programs or files.

11.3 SkinHack does not endorse any Content or any opinion, recommendation or advice expressed therein, and Sephora disclaims all liability with respect to the Content. Content including reviews featured on the Sites are from SkinHack's global client database.

11.4 If your Content includes ideas, suggestions, documents or proposals to SkinHack through the Interactive Services:

such Content is not confidential or proprietary and Sephora has no obligation of confidentiality, express or implied, with respect thereto;
Sephora may have something similar to that Content already under consideration or development; and
you are not entitled to compensation, payment or reimbursement of any kind for such Content from Sephora under any circumstances unless you are otherwise notified by Sephora in writing.

11.6 All Content that you submit is not confidential and may be used at SkinHack discretion. SkinHack may or may not pre-screen Content. However, SkinHack and its designees will have the right (but not the obligation) in their discretion to pre-screen, change, condense or delete any Content on the Sites. In particular, SkinHack and its designees will have the right to remove any Content that Sephora deems, in its discretion, to violate the Guidelines, or any other provision of these Terms or is otherwise objectionable.

11.7 Ratings, written comments, questions and answers are generally posted within 2 to 4 business days. However, SkinHack reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not Sephora, are responsible for the contents of any Content you submit. None of the Content that you submit shall be subject to any obligation of confidence on the part of Sephora, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees.

11.8 You agree that Sephora may in its sole discretion and without notice remove, withdraw or discard any Content for any reason, including without limitation where Sephora has determined that any Content has violated or is inconsistent with the Terms.

YOUR ACCOUNT

12.6 Sephora reserves the right to suspend or terminate your account without prior notice for any reason including if these Terms are violated or if it is in Sephora’s best interests to do so.

GUIDELINES FOR INTERACTIVE SERVICES

focus on the product and your individual experience using it;
provide details about why you like or dislike a product;
all submitted reviews, comments and questions are read by our moderators and approval of your review is subject to these Terms.

Inappropriate comments (aggressive, threatening, trolling, etc.), profanities, discriminatory language or hate speech, or other language not suitable for the public;
Evidence of potential danger, injury, violence or death
Third party URLs (Sephora URLs are OK) and Personal Data (including but not limited to phone numbers, addresses, email addresses, etc.);
Advertisements, "spam" content, references to other products, offers, or websites;
Any content or materials which you do not own or for which you have not secured all necessary rights;
Critical comments about other reviews posted on the page or their authors;
Discussion of medical conditions or claims of medical effectiveness outside of the stated product benefits; and
A review that does not apply to the actual product (e.g. customer service experience).

13.5 In addition, if you wish to share feedback with us about product selection, pricing, ordering, delivery, or other customer service issues including issues with your ratings and reviews, please contact us directly by visiting https://www.sephora.my/contact-us. Please do not submit this feedback through a product review. Otherwise, feel free to review as many products as you wish following the guidelines above!
1. THIRD PARTY CONTENT AND THIRD PARTY WEBSITES
14.1 Sephora may provide content of third parties (“Third Party Content”) including links to the Social Sites and other third-party websites (collectively, “Third Party Websites”) as a service to those interested in this information. Sephora does not monitor, approve or have any control over any Social Sites or Third Party Content and the inclusion of Third Party Content including the Third Party Websites does not imply any association or relationship between Sephora and such third party.

14.2 Sephora does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content or any Third Party Websites. Sephora is not responsible for updating or reviewing Third Party Content or Third Party Websites. You use Third Party Content and Third Party Websites at your own risk. You acknowledge and agree that Sephora is not responsible or liable for any content, advertising, products, or other materials on or available from any Third Party Websites or the availability of any content on the linked sites. You further acknowledge and agree that Sephora shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any Third Party Websites. Third Party Content, including comments from third party users submitted to Sephora through the Interactive Services, do not necessarily reflect the views of Sephora.
1. MOBILE SERVICES
15.1 Please be aware that when you access the Sites through a mobile device (e.g. via the Sephora mobile application), your carrier’s normal rates and fees such as text messaging fees or data charges will apply.
1. RESERVATION OF RIGHTS
16.1 Sephora reserves the right to modify, discontinue or disable the Sites or any part of the Sites at any time, either on a permanent or temporary basis.

16.2 Sephora reserves the right, at any time, without notice and in its discretion, to terminate, suspend or restrict your use of the Interactive Services and the Sites and to block or prevent your future access to and use of the Interactive Services and the Sites.

16.3 All provisions of these Terms that expressly survive termination or that by their nature are intended to survive such termination (including disclaimers and limitations of liability, all disclaimers of representations, warranties and conditions, and all statements recognizing Sephora and third party intellectual property rights) shall survive such termination.

16.4 Sephora may access, preserve and disclose your account information and Content, including if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:
1. comply with legal process;
2. enforce these Terms;
3. respond to claims that any Content violates the rights of third parties;
4. respond to your requests for customer service or otherwise communicate with you;
5. verify and process your personal or payment particulars; or
6. protect the rights, property or personal safety of Sephora (and its employees), its users and the public.
1. DISCLAIMER AND LIMITATION OF LIABILITY
17.1 To the extent permitted by law, Sephora is providing the Sites, their Contents and the Interactive Services on an as-is basis and makes no representations, conditions or warranties of any kind, express or implied, with respect to the operation of the Sites or Interactive Services, the information, content, materials or products, included on the Sites or as part of the Interactive Services. You should not act on any data or information posted on the Sites or Interactive Services without first independently verifying its contents.

17.2 Without prejudice to the generality of Clause 17.1, Sephora does not make any representation or warranty:
1. regarding the accuracy, timeliness, adequacy, commercial value or completeness of all data and/or information contained in the Sites or the Interactive Services;
2. regarding the security of any information transmitted by you or to you through the Sites or Interactive Services;
3. that Site or the Interactive Services will be provided uninterrupted, secure or free from errors or omissions; or
4. that the Sites or Interactive Services are or will be free from any computer virus, worms or other potentially malicious, destructive or corrupting computer program or file.
17.3 To the extent permitted by law, Sephora will not be liable for any damages of any kind arising out of or in connection with the use of the Sites or the Interactive Services. This is a comprehensive limitation of liability that applies to all damages of any kind, including but not limited to direct, indirect, incidental, punitive or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

17.4 Sephora will not be liable for any claim arising out of your incorrect or improper use of any or any goods, products or services offered by or purchased through the Sites, including use that does not comply with any product instructions or that would be otherwise unexpected or unreasonable.

17.5 To the maximum extent permitted by law, and subject to applicable consumer protection provisions, Sephora is not liable for claims arising from your use of non-Sephora branded products. This will not limit any claim you may have against the product manufacturer under consumer protection laws.

17.6 Notwithstanding anything in these Terms, certain legislation, including the Malaysia Sale of Goods Act, may impose consumer guarantees or imply warranties or conditions or impose obligations upon Sephora which cannot be excluded, restricted or modified except to a limited extent. Such legislation may, for example, impose non-excludable guarantees that goods are of acceptable quality or that services will be rendered with due care and skill (with certain remedies available to consumers for certain breaches of such guarantees). To the extent that such legislation applies, these Terms must be read subject to these statutory provisions and nothing in these Terms is intended to alter or restrict the operation of such provisions.
1. INDEMNIFICATION
18.1 You agree to defend, indemnify and hold harmless Sephora (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages of every kind, including reasonable legal fees, arising out of:
1. your use of and access to the Sites and the Interactive Services;
2. your violation of any term of these Terms;
3. a breach of your representations and warranties set forth above regarding Content;
4. your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or
5. any claim that any Content you submitted caused damage to a third party.
This indemnification obligation will survive the termination of these Terms and your use of the Sites and the Interactive Services.
1. FORCE MAJEURE
19.1 Transmissions over the Internet and electronic mail may be subject to interruption, blackout or delays due to internet traffic, or incorrect data transmission due to the public nature of the Internet. We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under a Contract when caused by events that are beyond our reasonable control (“Force Majeure Events”).

19.2 Force Majeure Events shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:
1. strike, lockout or other forms of protest;
2. civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war;
3. fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster;
4. inability to use trains, ships, aircraft, motorized transport, logistics delivery or other means of transport, public or private;
5. inability to use public or private telecommunications systems;
6. acts, decrees, legislation, regulations or restrictions of any government or public authority; or
7. failure or accident in maritime or river transport, postal transport or other type of transport.
19.3 It shall be understood that our obligations deriving from Contracts are suspended during the period in which a Force Majeure Event remains in effect and we may require an extension of the period to fulfill these obligations.
1. ENQUIRIES
20.1 The enquiries that you send to us must be sent preferably through our Contact Form. We shall be deemed to have received such enquiry only upon receipt.

20.2 We may send you a response either by e-mail or notifications to the postal address you provided us when placing the order. For email notifications, you shall be deemed to have received the notice on the date of e-mail transmission. For notifications by post, you shall be deemed to have received the notice on the date the notification is posted.
1. PRIVACY
21.1 By submitting your email address in connection with your account, you agree that Sephora and its third-party service providers may use your email address to contact you about your Sephora account or Content you have submitted to the Sites, including the Community, or for other administrative purposes and for any other purpose permitted or required by law. Sephora's Privacy Policy provides further detail on the manner in which Sephora may collect and use Personal Data about you, including any information you supply in connection with your use of these Sites and participation in the Community.
1. WAIVER
22.1 Sephora’s failure to enforce these Terms shall not constitute a waiver of these Terms, and such failure shall not affect the right later to enforce these Terms. We would still be entitled to our rights and seek remedies in any other situation where you breach these Terms.
1. SEVERABILITY
23.1 If at any time any clause or provision of these Terms shall be or shall become illegal, invalid or unenforceable in any respect, it shall be severed or modified to the extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant clause or provision shall be deemed deleted. The legality, validity and enforceability of the remaining provisions of these Terms shall not be affected or impaired by any such modification or severance, and shall continue in force as if such illegal, invalid or unenforceable clause or provision was severed from these Terms.
1. ENTIRE AGREEMENT
24.1 These Terms and Privacy Policy, read with the Contract constitutes the entire agreement between Sephora and you, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and undertakings between you and us, whether written or oral, relating to this subject matter.
1. RIGHTS OF THIRD PARTIES
25.1 A person or entity who is not a party to these Terms shall have no right under the Malaysia Contracts (Rights of Third Parties) Act or any similar legislation in any jurisdiction to enforce any of these Terms.
1. FRAUD PROTECTION PROGRAM
26.1 As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our Customer Service department may call you at the phone number you provided or contact you via your e-mail address to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

26.2 Sephora reserves the right to conduct transaction verification processes, decline or cancel your order, reduce the quantity of your order and/or terminate your account without prior notice if these Terms are violated. You may receive a callback or email from our Customer Service conducting transaction verification related to an order.
1. GOVERNING LAW
27.1 These Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed in accordance with the law of Malaysia, without giving effect to any principles of conflict of laws.

27.2 You agree that the courts of Malaysia shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or its subject matter or formation.