Effective: February 17, 2021
2. Acceptable Use of the Site
You are responsible for your use of the Site, and for any use of the Site made using your account. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the Site, you may not:
- violate any law or regulation;
- violate, infringe, or misappropriate other people's intellectual property, privacy, publicity, or other legal rights;
- post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
- send unsolicited or unauthorized advertising or commercial communications, such as spam;
- engage in spidering or harvesting, or participate in the use of software, including spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software designed to collect data from the Site;
- transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
- stalk, harass, or harm another individual;
- impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;
- use our Site in any way or take any action that causes, or may cause, damage to the Site or impairment of the performance, availability, or accessibility of the Site;
- use any means to scrape or crawl any web pages contained in the Site;
- attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Site;
- attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Site; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
3. Intellectual Property Protection
SHIKŌ BEAUTY COLLECTIVE® is a registered trademark of Mitsui & Co. (U.S.A.), Inc. ("Mitsui"). SHIKŌ BEAUTY COLLECTIVE and other marks indicated on our Site are trademarks or registered trademarks of Mitsui. All rights in such names are reserved.
- Trademark. All rights in the product names, company names, trade names, graphics, logos, page headers, button icons, scripts, product packaging, trade dress, and designs of all SHIKŌ BEAUTY COLLECTIVE or third-party products or services, whether appearing in large print or with the trademark symbol, belong exclusively to SHIKŌ BEAUTY COLLECTIVE or their respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Site confers on you any license or right under any trademark of SHIKŌ BEAUTY COLLECTIVE or any third party.
- Copyright. Except for your User Content (defined below), all copyright rights in the text, images, photographs, graphics, user interface, music, and other content provided on the Site, and the selection, coordination, and arrangement of such content, are owned by SHIKŌ BEAUTY COLLECTIVE or its third-party licensors to the full extent provided under the U.S. Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the Site for any purposes. Nothing stated or implied on the Site confers on you any license or right under any copyright of SHIKŌ BEAUTY COLLECTIVE or any third party.
4. User Profile Information and Communications
When you set up a user profile, SHIKŌ BEAUTY COLLECTIVE will require you to provide a password, username, and other information such as your name and email address. You agree and represent that all of the information you provide is accurate and up to date. You are solely responsible for keeping your login information current and confidential. You may not transfer, sell, or assign or sublicense your user profile to any third party without our prior written approval. You are responsible for and agree to notify SHIKŌ BEAUTY COLLECTIVE of any breach of security on your account, including any loss or compromise of your username and password information. SHIKŌ BEAUTY COLLECTIVE will not be liable for losses incurred as a result of an unauthorized use of a password or user profile.
When you use our Site, or send emails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as emails, texts, mobile push notices, or notices and messages on this Site, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Where required by applicable law, we will seek express prior written consent for marketing text messages or calls to you.
5. User Content
The Site may invite you to upload, submit, store, or send content and data ("User Content") such as through product reviews, product photos, before and after photos, or a contest or sweepstakes. You retain ownership of any intellectual property rights that you hold in that User Content.
When you upload, submit, store, send, or receive User Content to or through the Site, you give us permission to reproduce and use your User Content as follows: you grant to us and those we work with a license to use, host, store, reproduce, modify, create derivative works of (such as translations, adaptations, or other changes we make so that User Content works better with the Site and Services), publicly perform, publicly display, and distribute your User Content. This license is for the purpose of operating, promoting, and improving the Site, including on our social media pages, to promote SHIKŌ BEAUTY COLLECTIVE, as well as for other purposes that SHIKŌ BEAUTY COLLECTIVE may determine in its sole discretion. Our license to your User Content is nonexclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. This license is fully paid and royalty-free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights under this license anywhere in the world. Lastly, this license is perpetual, meaning that our rights under this license continue even after you stop using the Site.
You promise that you own all rights to your User Content or, alternatively, that you have the right to give us the rights described above, and your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
By submitting User Content, in addition to any other rights that may be granted in any other agreement entered into between you and SHIKŌ BEAUTY COLLECTIVE and if you provide such information or content to SHIKŌ BEAUTY COLLECTIVE, you irrevocably grant SHIKŌ BEAUTY COLLECTIVE and its successors, assigns, and licensees the right to use your name, likeness, image, and biographical information in any and all media for any purpose, including, without limitation, advertising and publicity purposes, as well as in connection with the Site, and hereby release SHIKŌ BEAUTY COLLECTIVE from any liability with respect thereto.
We may refuse to accept or transmit User Content for any reason. We may remove User Content from the Site for any reason.
You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other interaction with SHIKŌ BEAUTY COLLECTIVE or any affiliated website, the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions, or other interactions. If you choose to store your credit or debit card information for future use on the Site, we may update your credit or debit card information automatically based on information provided by the issuing bank or card brands.
7. License and Site Access
SHIKŌ BEAUTY COLLECTIVE grants you a limited, revocable, nontransferable, and nonexclusive license to access and make personal use of the Site but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of SHIKŌ BEAUTY COLLECTIVE. This license does not include any resale or commercial use of the Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders, or similar data gathering and extraction tools.
Neither the Site nor any portion of the Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose, including use by resellers or bulk purchasers, without express written consent of SHIKŌ BEAUTY COLLECTIVE. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of SHIKŌ BEAUTY COLLECTIVE and its affiliates without the express written consent of SHIKŌ BEAUTY COLLECTIVE. You may not use meta tags or any other hidden text using the SHIKŌ BEAUTY COLLECTIVE name or trademarks without the express written consent of SHIKŌ BEAUTY COLLECTIVE. Any unauthorized use will immediately terminate the permission or license granted by SHIKŌ BEAUTY COLLECTIVE.
8. Risk of Loss
All products purchased from the Site are transported and delivered to you by an independent carrier not affiliated with, or controlled by, SHIKŌ BEAUTY COLLECTIVE. Title to products purchased on the Site, as well as the risk of loss for such products, pass to you when SHIKŌ BEAUTY COLLECTIVE delivers these items to the carrier. Any material downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
9. Product Information and Order Acceptance
SHIKŌ BEAUTY COLLECTIVE attempts to be accurate in describing and depicting its products, including the ingredients. We do not warrant that product descriptions, depictions, colors, weight, availability, or other content or information on the Site are complete, reliable, current, or error-free. Unless otherwise stated, the prices displayed on the Site are quoted in U.S. Dollars. IF A PRODUCT OFFERED BY SHIKŌ BEAUTY COLLECTIVE IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN THE PRODUCT UNDER THE TERMS OF OUR RETURN POLICY.
Despite our best efforts, it is possible that items in our online catalog may be mispriced and pricing or other errors may occur. Although it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute acceptance of an order or an offer to sell a product or service. We reserve the right, without prior notice, to correct pricing errors, limit the order quantity on any item, and/or refuse services to any customer in accordance with applicable law. If the correct price of an item is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel the order and notify you of the cancellation.
10. Return Policy
We accept the return of unopened and gently used products within 30 days of your order date. We do not accept the return of empty or more than half empty products. You will be responsible for paying the return shipping costs for all returned products. You can start the return process by using our contact us form to obtain a return number. Once you have obtained a return number please pack the item to be returned using the original packaging, if available, or a well-padded envelope or box to prevent damage while shipping. As part of our return process a convenience shipping label is generated for your convenience. If you choose to use this convenience shipping label, the cost of return shipping will be deducted from your refund. You may also choose an alternative shipping method, in which case you will pay the shipping cost upfront. If you decide not use the convenience shipping label, please ship the product to be returned to 1055 W. Victoria St. Compton, CA 90220 and include your return slip listing your name, your order number and return order number inside of the parcel with your product to be returned. Once we have received an eligible returned products, we will notify you of the status of your return via email within 14 days. If we determine your product is eligible for return, we will refund the purchase price and any applicable taxes less the cost of shipping for customers who used the convenience shipping label. Refunds will be made to the payment method with which you made your initial purchase typically within 3-5 business days of our determination. We reserve the right to refuse any return that does not meet our return requirements. We reserve the right to amend or cancel this promotional returns policy at any time.
SHIKŌ BEAUTY COLLECTIVE is committed to providing the best user experience for everyone, including users with disabilities. We always strive to enhance the accessibility of our Site, guided by the Web Content Accessibility Guidelines 2.1.
Your feedback is welcome. If you have any questions about our accessibility features, please contact us from here.
12. DISPUTE RESOLUTION & ARBITRATION
- Scope of the Arbitration Agreement. Mindful of the high cost of legal disputes, not only in dollars but in time and energy, both you and SHIKŌ BEAUTY COLLECTIVE agree that any legal dispute between you and SHIKŌ BEAUTY COLLECTIVE concerning or arising in any way out of a purchase from the Site, any communications between you and SHIKŌ BEAUTY COLLECTIVE, or your participation in any other program or service provided by SHIKŌ BEAUTY COLLECTIVE shall be resolved through binding individual arbitration unless you opt out of this Arbitration Agreement using the process explained below. You understand and agree that you are waiving your right to sue or go to court to assert or defend your rights. However, either you or SHIKŌ BEAUTY COLLECTIVE may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim. The term "dispute" means any dispute, action, claim, or other controversy between you and SHIKŌ BEAUTY COLLECTIVE whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. "Dispute" will be given the broadest possible meaning allowable under law.
- Informal Dispute Resolution. Either party asserting a dispute shall first try in good faith to resolve it by providing written notice as specified below to the other party describing the facts and circumstances (including any relevant documentation) and allowing the receiving party 30 days in which to respond. Notice shall be made by first class or registered mail (1) to SHIKŌ BEAUTY COLLECTIVE, Attention: Legal Department, 200 Park Avenue 35F New York, NY 10166-0130, or (2) to you at the billing address on file with SHIKŌ BEAUTY COLLECTIVE. Both you and SHIKŌ BEAUTY COLLECTIVE agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any arbitration against the other party.
- Right to Opt Out of this Arbitration Agreement. You may opt out of this Arbitration Agreement within the first 30 days after the earliest of the first time you (a) make a purchase from SHIKŌ BEAUTY COLLECTIVE.com; or (b) sign up for any program or service provided by SHIKŌ BEAUTY COLLECTIVE. You may also opt out of this Arbitration Agreement within 30 days after we notify you regarding a material change to this Arbitration Agreement. You may opt out by sending an email to SHIKŌ BEAUTY COLLECTIVE by using contact us form here or by sending a letter to SHIKŌ BEAUTY COLLECTIVE, Attention: Legal Department, 200 Park Avenue 35F New York, NY 10166-0130. You should include your printed name, mailing address, and the words "Reject Arbitration."
- How Arbitration Works. Either party may initiate arbitration, which shall be conducted by the American Arbitration Association ("AAA") pursuant to its Consumer Arbitration Rules ("AAA Rules"), as modified by this Arbitration Agreement. The AAA Rules are available on AAA's website www.adr.org, or by calling AAA at (800) 778-7879. Unless you and SHIKŌ BEAUTY COLLECTIVE agree to conduct arbitration by teleconference, videoconference, or otherwise, any arbitration hearing shall take place in New York, New York. Except for a dispute determined by the arbitrator to be frivolous or initiated in bad faith, SHIKŌ BEAUTY COLLECTIVE will pay all filing, administrative, arbitrator, and hearing costs up to a total amount of $5,000 and waives any rights it may have to recover an award of attorneys' fees and expenses against you.
- Waiver of Right to Bring Class Action and Representative Claims. All arbitrations shall proceed on an individual basis. YOU AND SHIKŌ BEAUTY COLLECTIVE ALSO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER IN ARBITRATION ONLY IN YOUR OR ITS RESPECTIVE INDIVIDUAL CAPACITIES AND IN SO DOING YOU AND SHIKŌ BEAUTY COLLECTIVE HEREBY WAIVE THE RIGHT TO A TRIAL BY JURY, TO ASSERT OR PARTICIPATE IN ANY CLASS ACTION LAWSUIT OR CLASS ACTION ARBITRATION, ANY PRIVATE ATTORNEY GENERAL LAWSUIT OR PRIVATE ATTORNEY GENERAL ARBITRATION, AND ANY JOINT OR CONSOLIDATED LAWSUIT OR JOINT OR CONSOLIDATED ARBITRATION OF ANY KIND. The arbitrator is empowered to resolve the dispute with the same remedies available in court, including public injunctive relief. If a court decides that the limitations of this particular paragraph regarding class action waiver are deemed invalid or unenforceable, any putative class, private attorney general, or representative action must be brought in a court of proper jurisdiction and not in arbitration.
- Governing Law and Other Terms. This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act and other applicable federal law. To the extent state law applies to any aspect of this Arbitration Agreement, or to any disputes and claims that are covered by the Arbitration Agreement, the law of the state of your residence (determined by your billing address on file with SHIKŌ BEAUTY COLLECTIVE) will govern. We will provide notice of any material changes to this Arbitration Agreement. Except as set forth above with respect to the class action waiver, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement. Only the arbitrator is authorized to make determinations as to the scope, validity, or enforceability of this Arbitration Agreement, including whether any dispute falls within its scope. However, the parties agree that any issue concerning the validity of the class action/representative waiver above must be decided by a court, and an arbitrator does not have authority to consider the validity of the waiver. This Arbitration Agreement survives the end of the relationship between you and SHIKŌ BEAUTY COLLECTIVE, including without limitation termination of your membership or participation in any SHIKŌ BEAUTY COLLECTIVE loyalty program or contest or promotion, cancellation or deletion of your SHIKŌ BEAUTY COLLECTIVE account, opt-out of marketing, or end of participation in any other program or service that we offer.
13. Disclaimer of Warranties and Limitations on Liability
YOU USE THE SITE AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, SHIKŌ BEAUTY COLLECTIVE AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS ("AFFILIATES") DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.
IN PARTICULAR, SHIKŌ BEAUTY COLLECTIVE AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE SITE. SHIKŌ BEAUTY COLLECTIVE AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (D) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED ON OR THROUGH THE SITE BY ANY THIRD PARTY; OR (F) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE SITE.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SHIKŌ BEAUTY COLLECTIVE OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR THE INDIRECT LOSS OF PROFIT, REVENUE, OR DATA) ARISING OUT OF OR RELATING TO THE SITE, HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING UNDER ANY CONTRACT, NEGLIGENCE, OR OTHER TORT THEORY OF LIABILITY) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Certain states or jurisdictions, such as the State of New Jersey, do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply and you may have additional rights. To the extent we may not, as a matter of applicable law, disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.
15. Cancellation or Suspension of Site or Account
We may suspend, cancel, and/or edit your account details at any time in our sole discretion and without notice or explanation. You may cancel your account on our Site by logging in and using the account details feature or by making your request in writing.
SHIKŌ BEAUTY COLLECTIVE may discontinue the Site, including any feature or service offered through the Site, at any time and for any reason, without notice. We may change the contents, operation, or any and all other features of the Site at any time for any reason, without notice. We may discontinue or restrict your use of the Site at any time for any reason, without notice.
17. Contact Information
You can contact us here.
EFFECTIVE DATE: February 17, 2021
The Shikō Rewards Program Terms and Conditions (these “Rewards Terms”) set forth the terms and conditions, including an agreement to individual arbitration of all disputes, applicable to The SHIKŌ BEAUTY COLLECTIVE Rewards Program (the “Rewards Program”" or “Program”) offered through www.shikobeauty.com (the “Site”). In these Rewards Terms, “you” and “your” refer to the person who has registered for the Program. “We,” “us” and “our” refer to Shiko Beauty Inc., a Delaware corporation, d/b/a SHIKŌ BEAUTY COLLECTIVE.
PROGRAM MEMBERSHIP QUALIFICATIONS
You must be at least eighteen (18) years of age and reside in the United States in order to register for the Program. Only individual, retail consumers may register for the Program. The Rewards Program is limited to individuals participating for their own personal, and no corporate or other commercial, purpose.
COMMUNICATIONS REGARDING THE PROGRAM
By participating in the Program, you agree to receive communications from SHIKŌ BEAUTY COLLECTIVE, including emails and push notifications regarding the Program and concerning offers and promotions that may be of interest to you. If you opt out of receiving emails, you may be precluded from participating and receiving the benefits of the Program. We may also send you text messages where you have provided prior express written consent. You are responsible for keeping your contact information up to date with SHIKŌ BEAUTY COLLECTIVE. Lost, stolen or expired Rewards (as defined below) or Points (as defined below) will not be replaced. SHIKŌ BEAUTY COLLECTIVE is not responsible for communications, including Points, Rewards, or Promotional Offers (as defined below) lost due to change of address or changes in other contact information.
REGISTRATION AND VERIFICATION FOR THE PROGRAM
You may register for the Program and create your Rewards Program account ("Account") via the Site. We will ask you to provide First name, Last name and email. You will also be asked to choose a password.
After you register and verify your Account, you will be eligible to receive Points as follows or as otherwise set out in promotions and communications that we send to you or display on our Site as part of the Rewards Program. For example, you will receive one (1) point for every dollar spent on the Site. You may also have the opportunity to receive points as a welcome upon Account creation, when you have a birthday, when you interact with us by writing reviews of SHIKŌ BEAUTY COLLECTIVE, and when you refer your friends—among other things.
Your ability to receive Points may be subject to certain exclusions that may apply for particular categories or products. You will not receive Points for charitable donations, for purchases made when you redeem Rewards, or for the dollar value of shipping and taxes. In order to receive Points for your spend on the Site, purchases must be made after logging into your Account on the Site. Purchases made as a "guest" or under a different Account do not qualify for Points.
Points received will be posted to your Account not later than forty-eight (48) hours after the applicable qualifying purchase or action. The Points available at any time in your Account will equal the aggregate amount of Points received less the aggregate amount of Points converted into Rewards (the “Available Points Balance”).
CONVERSION OF POINTS INTO REWARDS COUPONS
Points can be redeemed for Rewards as set out as follows:
We reserve the right to change the Points conversion above without notice and at our discussion or to offer other incentives and offers in exchange for Points, such as conversion of Points directly to SHIKŌ BEAUTY COLLECTIVE products.
Separate from the ability to receive Points and Rewards as described above, we may post certain promotional offers ("Promotional Offers") to your Account or send them to you by email or another means. Promotional Offers will be subject to the terms and conditions of each respective Promotional Offer, including, without limitation, qualifying purchases and applicable expiration dates.
REDEMPTION OF REWARDS AND PROMOTIONAL OFFERS
In order to redeem a Reward or Promotional Offer, at the time of purchase you should enter the promotional or coupon code at the time of checkout on the Site. Each time you redeem a Reward or Promotional Offer, we will remove it from your Account.
You may not redeem Points or Rewards for cash, except as required by law, and they have no cash value. You do not own Points or Rewards, which can be changed or eliminated by SHIKŌ BEAUTY COLLECTIVE at its discretion at any time.
You may not use more than one (1) Reward in the same transaction. You may not use a Reward to satisfy any requirement of any Promotional Offer that requires you to purchase any item. Rewards and Promotional Offers cannot be combined with any other type of promotion or offer that may be offered from time to time by SHIKŌ BEAUTY COLLECTIVE outside of the Rewards Program.
EXPIRATION OF POINTS, REWARDS AND PROMOTIONAL OFFERS
All Points will expire after twelve (12) months of inactivity, defined as customers who have not received or redeemed any points within the past twelve (12) months. Rewards and Promotional Offers shall expire in accordance with their respective terms and conditions.
UNAUTHORIZED ACCESS OR USE
We are not responsible for any unauthorized access of your Account or any unauthorized use of any Reward or Promotional Offer in your Account. If you believe any such unauthorized access or use has occurred, you may notify us from here. Upon receipt of such notification, we will help you to set up a new Account and transfer your existing Points and Rewards balance (if any). However, we reserve the right to, at our sole discretion, not reinstate Rewards that were redeemed by an unauthorized user of your Account.
BALANCE INQUIRY AND TRANSACTION HISTORY
You may check the Available Points Balance and Rewards via the Site. Your Available Points Balance shall equal the amounts reflected in our records, unless you can prove otherwise to our satisfaction. If you are interested in the complete transaction history of your account, contact from here.
CANCELING YOUR MEMBERSHIP IN THE PROGRAM
You may cancel your membership in the Program by contacting us from here. Once you have opted out of the Program, you may not receive additional Points in your Account, and the Available Points Balance in your Account shall expire immediately. You may continue to redeem the Rewards in your Account prior to their applicable expiration dates.
Points, Rewards and Promotional Offers may not be transferred.
REVOCATION AND TERMINATION OF ACCOUNT OR PROGRAM
We reserve the right to cancel, terminate, suspend, or revoke your Account at any time in our discretion, without prior notice, subject to applicable law. Upon cancellation, termination, suspension, or revocation of your Account, you may not receive additional Points in your Account, and any Rewards or Promotional Offers in your Account shall expire immediately.
We reserve the right to cancel, terminate, or suspend the Program at any time in our discretion, upon thirty (30) days' prior notice. Upon cancellation, termination, or suspension of the Program, you may not receive additional Points, and the Available Points Balance in your Account shall expire immediately. Upon cancellation, termination, or suspension of the Program, you may continue to redeem any Rewards or Promotional Offers in your Account prior to their applicable expiration dates.
DISPUTE RESOLUTION—ARBITRATION IF A DISPUTE ARISES
DISCLOSURE OF INFORMATION TO THIRD PARTIES
To the extent permitted by law, we may amend these Rewards Terms at any time by posting updated or revised Rewards Terms. Please check the Terms of Service frequently for any updates or revisions to these Rewards Terms. Unless otherwise indicated by us, any amendments shall apply to any transactions occurring on or after the effective date of the amendments. Except where prohibited by law, the receiving of Points or the redemption of any Reward or Promotional Offer after the effective date of any amendment shall confirm that you agree to the amendment.
You may ask a question, request that we update your information, or submit a complaint by contacting us from here.
SHIKŌ BEAUTY COLLECTIVE SMS/MMS MOBILE MESSAGE MARKETING PROGRAM
User Opt In: The Mobile Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Mobile Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Mobile Program, you agree that this Agreement applies to your participation in the Mobile Program. By participating in the Mobile Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.
User Opt Out: If you do not wish to continue participating in the Mobile Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Mobile Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Shikō Beauty Collective and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Mobile Program Description: Without limiting the scope of the Mobile Program, users that opt into the Mobile Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of any Shikō Beauty Collective products, services, and events. Messages may include cart/checkout reminders.
Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Mobile Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Mobile Program, text “HELP” to the number you received messages from or email us at email@example.com. Please note that the use of this email address is not an acceptable method of opting out of the Mobile Program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Mobile Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Mobile Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Mobile Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in New York, NY before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Shikō Beauty Collective principal place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration.
THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in our Mobile Program.
Florida Law: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Mobile Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Mobile Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Mobile Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Mobile Program after any such changes, you accept this Agreement, as modified.
You Consent to Receive SMS Text Messages from Us.
- If you enroll in a text message service (“Text Service”) offered by Shikō Beauty Collective, you agree to receive recurring offers and other information from Us via SMS and/or MMS message at the mobile number you provided during the service’s registration process. You may be required to respond to an initial message as instructed to complete registration and confirm enrollment. The enrollment process will disclose the Mobile Program, frequency of messages, and options to cancel your enrollment.
- Messages will be sent through an automatic telephone dialing system. There is no additional charge for this service, unless specifically disclosed and agreed by you, but you may be offered opportunities to make purchases through the Text Service and you will be responsible for any charges associated with such purchases. Your mobile carrier’s standard message and data rates apply to any messages you send or receive through the Text Services, including Our confirmations and subsequent texts. Please contact your mobile carrier if you have any questions regarding your mobile data and messaging plan.
- As described at Mobile Program enrollment and in Mobile Program welcome messages, including messages sent to a shortcode associated with the Text Service or by replying to any message you receive from Us, you may text “STOP” to cancel or “HELP” for customer support information. If you choose to stop your subscription, you agree to receive a final text message from the Text Service to confirm your cancellation. You agree to notify Us of any changes to your mobile number and update your account with Us to reflect this change and acknowledge that you are responsible for the accuracy of this information. You can contact Us with questions by using the information provided in the Contact Information section of these Terms below.
- Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues. We are not liable for any delays in the receipt of, or failure to receive, any SMS or MMS texts, as delivery is subject to effective transmission by your mobile carrier.
LAST REVISED: April 21, 2023