For Garnier Color match tool for the customers of [Garnier]
L’Oreal India Private Limited (“L’Oreal”) brings this tool to you.
1. To use the tool, user will be required to:
- Provide his/her consent to have the camera on while using the tool
- Provide his/her consent for images clicked by the tool to be used by L’Oreal India
ii. L’Oreal reserves the right to extend, cancel, discontinue, withdraw, change, alter or modify the terms and conditions of the Tool, at its sole discretion, without any notice at any time during the validity of the Tool. No correspondence will be shared in this regard. L’Oreal shall not be responsible for any loss or damage, if it has to discontinue or cancel the tool in compliance with any law, ruling, order, regulation, requirement or instruction of any Central/State Government, or for any other unavoidable reason beyond their control.
iii. If called upon, the user will have to submit valid Identity and address Proof (PAN Card / Voter Card / Ration Card / Passport / Driving License, etc.) to L’Oreal.
iv. All decisions with respect to this tool will be at the sole discretion of L’Oréal and the same will be final and binding on a non-offer able basis. The user shall have no recourse to Loreal and/or its media / channel partners in this respect.
v. L’Oreal neither shall indemnify nor shall be held responsible for any insurance, injury (including fatal), loss (temporary or permanent), damage (direct or incidental), disruption, theft to person or whatsoever including but not limited to deficiency in service or quality.
vi. L’Oreal shall not be responsible for any problems or technical malfunction of any telephone or network or lines, servers or providers, computer equipment, software, technical problems or traffic congestion on a mobile network, or any combination thereof. L’Oreal shall not be liable or held responsible for quality of service or any service discrepancy.
vii. In consideration of L’OREAL allowing the users to use Color Match Tool, to the maximum extent permitted by law, the user/s waive and release each and every right or claim, all actions, causes of actions (present or future) each of them has or may have against L’OREAL, its respective agents, directors, officers, business associates, group companies, sponsors, employees, or representatives for all and any injuries, accidents, or mishaps (whether known or unknown) or (whether anticipated or unanticipated) arising out of the Tool or related to the Tool
viii. The tool is subject to force majeure conditions. All warranties of any kind whatsoever, whether expressed or implied, are hereby expressly disclaimed by L’Oreal (India) including, but not limited to, meeting of the users’ requirements or aspirations, timeliness, security, un-interruptedness, error-free, the results or reliability of tool, or the delivery, quality, quantity, merchantability, fitness for use or non-infringement in respect of any goods, services, emoluments, benefits or awards acquired or obtained through the Contest/ Offer.
ix. The color result provided by the tool is representative only and the actual color from the product may vary depending on several factors. Pictorial description of the products as shown in the point of sale materials and in the advertisement/banner are for reference purposes only and L’Oreal is under no obligation to provide the same class of goods as depicted herein and in other point of sale material.
x. L’Oreal India Private Limited does not endorse the quality of any of the products or services being offered under the Tool. Any complaints or queries pertaining to the Contest/ Offer would have to be taken up directly on the Instagram page (@garnierindia) from Monday to Friday between 9 AM to 5.30 PM, except bank & national holidays.
xi. To the extent legally permitted, L’Oreal excludes all conditions, warranties, guarantees and similar, whether express or implied, as to the condition, suitability, quality, fitness or safety of any goods or services or Rewards provided by us (Warranties), other than those implied by statute which may not be legally excluded. Any liability we may have to you under Warranties implied by statute which cannot be excluded is limited, where expressly permitted by statute, to supplying, or paying the cost of supplying, the goods or services again or repairing, or paying the costs of repairing, the goods, at our option.
xii. Data Privacy
L’Oreal respects the data privacy mandate and does not collect any personal data until required for the limited purposes of the tool and future marketing communications. The data collated with this tool, if any or willingly shared by Customer shall be used in strict confidence by L’Oréal and it will not be passed to any third party for any commercial reasons. The Participant may choose to object to his/ her data being processed. To exercise this right, the Participant is required to submit a request at the email id provided above.
xiii. INTELLECTUAL PROPERTY
(i) All right, title and interest, including but not limited to the Intellectual Property Rights, in the promotional material(s) and in any and all responses received shall vest solely and exclusively with L’OREAL at all times. L’OREAL or any person or entity permitted by L’OREAL in this regard shall be entitled to use the responses/ photos/ videos received or any other information in connection with the entry in any media for future promotional, marketing, publicity and any other purpose, without any permission and or payment to the Participant.
(ii) All material submitted in connection with the tool (whether written, audio, electronic or visual form, or a combination of those) or any photographs, video and/or film footage and/or audio recording taken of Participants are assigned to L’OREAL upon submission and become the property of L’OREAL exclusively. L’OREAL may use the material in any medium in any reasonable manner it sees fit. Copyright in any such material remains the sole property of L’OREAL.
xiv. L’Oreal assumes no liability or responsibility for:-
- Any errors, omissions or inaccuracies of content or submissions,
- Personal injury or property damage of any nature resulting from your access to the tool;
- Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information that may be contained therein.
- Any deletion of data or interruption or discontinuance of transmission to or from or through the Contest
- For any loss of data due to server issues and other technical faults that may come up during the Contest Period.
xv. Any dispute arising out of or in connection with this tool shall be subject to the exclusive jurisdiction of the courts or forums in Mumbai only. The existence of dispute, if any, shall not constitute a claim against L’Oréal.
xvi. If a user is dissatisfied with the tool or the tool rules and/or any content or any requirements of the tool form, the materials available related thereto, or with these terms and conditions, his/her sole and exclusive remedy is to not use the tool.
xvii. These terms and conditions shall prevail over any inconsistent terms, conditions, provisions or representations contained in any other promotional or advertising materials for the tool. The terms and conditions can be altered if need by L’Oréal.