- 1. Membership
- 2. Acceptance of Terms
- 3. Membership Eligibility
- 4. Membership Enrollment
- 5. How the Program Works
- 5.1. 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 collect d’you drops and reach Program loyalty tiers by making eligible purchases or taking certain other Program actions at www.dyou.co.
- 5.2. Once you reach a certain loyalty tier and/or collect a certain number of d’you drops, you may be eligible for certain benefits and rewards applicable to that tier and/or number of d’you drops, which benefits may change from time to time and may be offered on a limited basis. Eligible purchases and other opportunities to reach Program loyalty tiers or collect d’you drops will be posted on the Website or may be published through other media (e.g., in-store, in marketing communications, social media, etc.). Visit our FAQs to learn more about collecting d’you drops and reaching the Program loyalty tiers.
- 5.3. Members receive 1 point for every INR 1 spent on eligible purchases on the Website. Eligible purchases include regular priced merchandise and exclude sales taxes, discounts, shipping and delivery charges, and/or other excluded charges specified by us from time-to-time. All d’you drops collected from purchases on the Website are pending until 7 days from the date of order placement. 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 on the Website.
- 5.4. In addition to these purchases, you may also collect d’you drops for taking certain Program actions on the Website. Please see our FAQs for a list of the current ways to collect d’you drops on the Website. To collect d’you drops, you must be a Program member and be logged into your Program account before completing the actions. The number of d’you drops, if any, awarded for each action is determined by the Company in its sole but reasonable discretion.
- 6. Rewards and Benefits
- 6.1. Neither accounts nor Program rewards, benefits and/or d’you drops may be shared or combined. Only the member paying for the product(s) may accumulate rewards, benefits and/or d’you drops.
- 6.2. Rewards, benefits and/or d’you drops collected through the Program have no cash value, are non-transferable, and you have no property rights in or to rewards or other Program benefits. d’you drops 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 Program Terms. The sale, barter, transfer, or assignment of any rewards, benefits or d’you drops offered through the Program, other than by us, is expressly prohibited.
- 6.3. Rewards cannot be exchanged or returned for d’you drops, another product or a monetary refund.
- 6.4. The products and services available through the Program 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 Program Terms.
- 6.5. We are not responsible for rewards, benefits and/or d’you drops lost or redeemed due to fraudulent activity by you or any third party.
- 6.6. We reserve the right to change Program benefits, how you reach each Program tier, how you collect d’you drops 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 or point level, the number or types of rewards or benefits that you may receive or earn in any given tier or at any given point level, in a given time period or for the duration of the Program, and/or any combination thereof.
- 6.7. If you have concerns that a purchase or other activity was not properly applied to your account, you should contact us at email@example.com. 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 30 (Thirty) days after the date of purchase or other Program activity which took place. We are not responsible for late notifications about purchases or other Program activities not being credited to an account.
- 6.8. The rewards and d’you drops can only be redeemed on the Website, unless otherwise noted by the Company.
- 6.9. The d’you drops cannot be redeemed during a sale on the Website, unless otherwise noted by the Company.
7. Marketing Communications
- 7.1. By enrolling in the Program, you will be automatically subscribed to receive and you consent to receive marketing emails and Program-related emails, including Program marketing emails.
- 7.2. You may opt-out of receiving marketing emails at any time by following the instructions provided in the email, but operational emails will still be sent to you as they relate to your membership in the Program. Examples of these include, but are not limited to, redemption confirmation emails, profile update emails, or other communications that relate to your account. If you terminate your Program membership, you will no longer receive any Program-related communications.
8. Tier Status
- 8.1. Program tier status is based solely on a customer’s total rupee spent using the email address registered with a loyalty account on www.dyou.co.
The criteria for each tier is as follows and is subject
to change at any
Tier 1: Free to join
Tier 2: INR 25,000+ lifetime spend
Tier 3: INR 50,000+ lifetime spend
9. Intellectual Property
All Program design, text, graphics, logos, images, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials are owned by the Company.
10. Termination and Modification.
- 10.1. The Program and its benefits are offered at our sole discretion. We may, in our discretion, cancel, modify, restrict or terminate these Program 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. Your continued participation in the Program will confirm your acceptance of such changes.
- 10.2. 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 Program Terms, illegal activity, fraud, misrepresentation or other conduct inconsistent with these Program Terms and/or detrimental to us or our interests, including without limitation, any suspected illegal, fraudulent or other unauthorized use of any Program rewards, drops, 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 the Program Terms, we also have the right to take appropriate legal action, in our sole discretion.
- 10.3. If you decide that you no longer want to be a part of the Program, you may cancel your membership at any time by writing to us at firstname.lastname@example.org. If you cancel your membership, you will lose all accumulated drops and benefits, and your tier status will automatically expire.
11. Disclaimer of Warranties; Limitation of Liability
- 11.1. Neither us nor our parents, subsidiaries, affiliates, partners, or licensors make any representations or warranties 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 and warranties are not legally excludable.
- 11.2. You agree that neither us nor our parents, subsidiaries, affiliates, partners, or licensors will be responsible or liable in contract, warranty or in tort (including negligence) 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 using hyperlinks 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 or warranties that any defects or errors will be corrected.
- 11.3. Further, neither us 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, whether in contract, warranty or in tort (including negligence), even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability for such claims exceed Indian Rupees Five Thousand (INR 5,000) .
- 11.4. You agree that no claims or action in contract, warranty or in tort (including negligence) arising out of, or related to, your participation in the Program, use of any rewards or other benefit or these terms may be brought by you more than one (1) year after the cause of action relating to such claim or action arose. If you 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.
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 Program Terms.
13. Governing Law and Disputes
- 13.1. It is further agreed that any dispute over the scope of this arbitration provision and any dispute as to whether a claim is arbitral shall be submitted to the arbitrator for decision. Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes.
- 13.2. This Program and these Program Terms shall, in all respects, be governed and interpreted by, and construed in accordance with the laws of India.
- 13.3. Any dispute relating in any way to this Program, these Program Terms, your program membership, or the relationship between the Parties shall be finally settled by binding arbitration under the Arbitration and Conciliation Act, 1996, and the rules framed thereunder. You agree to submit yourself to the jurisdiction and proceedings thereof and cooperate in good faith to expedite, to the maximum extent practicable, the conduct of the arbitral proceeding.
- 13.4. The seat of the arbitration shall be Mumbai. The venue of the arbitration shall be Mumbai (or any other venue as the Parties may mutually agree for the conduct of the arbitration hearings as per their convenience). The arbitration shall be conducted in English.
13.5. The arbitration shall be conducted by 3 (Three)
arbitrators appointed in
- 13.5.1. 1 (One) arbitrator shall be appointed by the Company;
- 13.5.2. 1 (One) arbitrator shall be appointed by the Member; and
- 13.5.3. the arbitrators appointed in accordance with sub-clauses 13.5.1 and 13.5.2 above shall jointly appoint the third arbitrator, who shall act as the presiding arbitrator.
- 13.6. The award of the arbitration tribunal shall be final and conclusive and binding upon the Parties, and the Parties shall be entitled (but not obliged) to enter judgment thereon in any one or more of the highest courts having jurisdiction. The Parties agree that no Party shall seek to resist the enforcement of any award in India or elsewhere on the basis that the award is not subject to such provisions. The Parties shall further agree that the arbitrators shall also have the power to decide on the cost and reasonable expenses (including reasonable fees of its counsel) incurred in the arbitration and award interest up to the date of the payment of the award.
- 13.7. The Parties agree that the courts of Mumbai, India shall have non-exclusive jurisdiction to entertain any proceedings for interim relief related to this Program.
- 13.8. You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually, and (a) no arbitration or proceeding shall be joined with any other; (b) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. You agree that you may bring claims against us only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
The d’you drops club, our loyalty program (“Program”) is offered at the sole discretion of Brunch Beauty Private Limited (“Company”, “we,” “our” or “us”) to customers on www.dyou.co. Please note that no purchase is necessary to join the Program. The Program may not be used for any business or commercial purpose and we may refuse to create an account for any reason. These terms and conditions form the agreement (“Agreement”) between you (individually and collectively, “you,” “your,” or “Member”) and the Company (collectively the “Parties”) with respect to the Program.
Corporations, associations or other groups may not participate in the Program, unless written approval is received in advance from the Company, in its sole and absolute discretion. Individuals who are at least 18 years or older and who provide and maintain a valid email address are eligible to become Members.
Eligible individuals may only enroll in the Program by visiting www.dyou.co (“Website”) and following the Program prompts to register for the Program. 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 Website. Only one Program account may be associated with a single member and a single email address.