FRAGRANCE FINDER TERMS OF USE
1. INTRODUCTION
Thank you for accessing the Marc Jacobs Fragrance Finder (the “Fragrance Finder”). Please read carefully these terms of use (the “Terms”) before using the Fragrance Finder, which is operated by Coty Inc., with its registered offices at 350 Fifth Avenue, 17th Floor New York, NY 10118 (“Coty”).
By using the Fragrance Finder, you confirm that you accept these Terms and that you agree to be bound by them. If you do not agree to these Terms, do not use the Fragrance Finder.
2. FRAGRANCE FINDER FUNCTIONALITY
Fragrance Finder is a tool which allows you to complete a questionnaire to find your recommended Marc Jacobs fragrance (the “Recommended Products”). The recommendations provided by Fragrance Finder can in no event replace qualified professional consultation, nor replace an actual test of the Recommended Products on your skin.
To access the Fragrance Finder, you can either scan the QR code located in a participating retail store to be directed to the brand website or you can directly visit the brand website, https://www.marcjacobsfragrances.com/en-us/daisy-productfinder. Then, you can follow the instructions to complete the online questionnaire on your device.
The Recommended Products will not be offered for sale on the Fragrance Finder. You have no obligation to purchase the Recommended Products, nor does Coty guarantee their availability on any retailer’s websites.
Any prices of Recommended Products displayed are indicative and are subject to change, at the sole discretion of the retailer. Coty declines all responsibility for any incorrect/inaccurate prices. Any claims relating to the prices which are brought to the attention of Coty will be forwarded to the relevant retailer.
3. DATA PROTECTION
You can use Fragrance Finder without providing any personal data to Coty. If you choose to sign up to our email updates, Coty will collect and use your personal data in accordance with our Privacy Policy.
4. CHANGES TO THESE TERMS
To the full extent permissible by applicable law in your jurisdiction, Coty reserves the right to modify or update these Terms at any time without notice and your continued use of the Fragrance Finder after Coty posts any revised Terms means you agree to be bound by such modifications or updates.
If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions.
If at any time you do not wish to accept the Terms or the revised Terms, you should not use the Fragrance Finder.
5. INTELLECTUAL PROPERTY
Coty owns or licenses all the intellectual property rights in the Fragrance Finder, and in the material published on it by Coty or on its behalf (the “Content”).
You acquire no rights of any kind in the Fragrance Finder, the Content other than the limited right to use the Fragrance Finder in accordance with these Terms. You may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to create derivative works from, transmit, or in any other way exploit any part of the Fragrance Finder and/or its Content.
6. ACCESSING THE FRAGRANCE FINDER
The Fragrance Finder is made available free of charge, being specified that an Internet connection and either a computer, a mobile phone, or a tablet are needed in order to access to the Fragrance Finder. Coty does not guarantee that the Fragrance Finder will always be available/uninterrupted. Coty will not be liable for such unavailability or interruption. Coty may suspend, withdraw, discontinue or change all or any part of the Fragrance Finder or of the Content without notice.
Coty does not warrant that the Fragrance Finder is compatible with your computer equipment, your tablet or your mobile phone. You hold the responsibility to make the necessary arrangements to have access to the Fragrance Finder.
You are also responsible for ensuring that all persons who access the Fragrance Finder through your internet connection are aware and comply with the Terms.
7. WARRANTY AND LIMITATION OF LIABILITY
The Fragrance Finder is provided by Coty on an 'as is' and 'as available' basis. Coty makes no representations or warranties of any kind, express or implied, as to the use of the Fragrance Finder or to the Content. You expressly agree that your use of the Fragrance Finder is at your sole risk.
To the full extent permissible by applicable law, Coty disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
Coty does not warrant that the Fragrance Finder, its servers, or e-mails sent from Coty or on Coty’s behalf by its service providers are free of viruses, worms, logic bombs, “Trojan horses”, or other harmful components (the “Viruses”). You must not misuse the Fragrance Finder by intentionally introducing Viruses. You must not try to get unauthorized access to the Fragrance Finder, the server on which the Fragrance Finder is stored, or any server, computer or database connected to the Fragrance Finder. In the event any breach to this provision, your right to use the Fragrance Finder will cease immediately.
Coty will not be liable for any damages of any kind arising from the use of the Fragrance Finder, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
Certain laws 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 to you, and you might have additional rights.
8. INDEMNITY
You will indemnify and hold harmless Coty, its parents, subsidiaries, licensors, and affiliates and their directors, employees, representatives, agents, licensors, and service providers (the “Coty Party/ies”) from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by the Coty Parties, and shall defend the Coty Parties against any and all claims arising out of:
- your use of the Fragrance Finder;
- your breach of these Terms;
- fraud you commit, or your intentional misconduct or gross negligence.
The applicable Coty Party will control the defense of any claim to which this indemnity may apply, and in any event, you shall not settle any claim without the prior written approval of such Coty Party.
9. ENTIRE AGREEMENT AND GOVERNING LAW
These Terms, including the Coty Privacy Policy located at https://privacy.coty.com/en_us/ and any additional terms you may enter into with Coty in connection with the use of the Fragrance Finder, shall constitute the entire agreement between you and Coty.
To the fullest extent permitted by law, any dispute of any sort that might arise between you and Coty from the use of Fragrance Finder, shall be governed by New York law. To the fullest extent permitted by law, you hereby expressly agree that any dispute arising out of or relating to your use of the Fragrance Finder shall be handled pursuant to the Commercial Arbitration Rules & Procedures of the American Arbitration Association (“AAA”), and a single, neutral arbitrator shall decide all claims and shall render a final, binding written decision.
10. CONTACT US
If you have any questions or comments regarding these Terms, you can contact us here.
