Hydrafacial Device Referral Program Terms and Conditions

HydraFacial LLC doing business as The HydraFacial Company (« Hydrafacial » or “We”) offers any eligible Referrer (“Referrer” or “You”) the opportunity to participate in its Device Referral Program (the “Program”). We reserve the right to amend or terminate the Program at any time, for any reason. The Program is administered by Hydrafacial.

When participating in the Program, Referrers are required to follow these Terms and Conditions. By participating, you confirm that you will comply with these Terms and Conditions. If you do not agree with these Terms and Conditions, you are not allowed to register as a Referrer or participate in the Program in any other way. Referrers should not participate if it is prohibited by law or regulations.

We may change these Terms and Conditions and the ways in which rewards are earned at any time. It is also within our discretion to disqualify any Referrers from participating in the Program if you do not follow these Terms and Conditions or fail to comply with applicable laws.
Children
The Program is not intended for individuals under 18 years old. If you are under 18, you are not allowed to use or participate in the Program in any way.

I. How the Program Works
A. Program Participation, Generally
If you want to take part in the Program, simply go https://hydrafacial.fr/programme-de-parrainage-hydrafacial/ Individuals who receive a referral via a Referrer are « Providers » (or, singly, a “Provider”). An « Eligible » Referrer who is fully compliant with these Terms and Conditions may receive a « Gift Card » for every « Qualified Referral” (all terms in quotes should be interpreted according to the definitions provided below).
When participating in the Program, the Referrer represents that he/she has obtained permission from the Provider before sharing their contact details.

B. Eligible Referrer
In order to be an “Eligible Referrer », you must meet the following criteria:
You must be a legal resident of the UK, France, Spain or Germany; and
You must be at least 18 years old.

C. Making a Referral
To make a referral, a Referrer needs to register at https://hydrafacial.fr/programme-de-parrainage-hydrafacial/
To participate in the Program, Referrers should follow the guidelines outlined in the Terms and Conditions. This includes referring real individuals who meet the requirements. Referrers cannot refer themselves. Creating multiple or fake accounts, email addresses, or identities is not permitted. Let’s ensure we uphold the spirit of the Program.

D. Qualified Referrals
To qualify as a « Qualified Referral, » the Validated Provider that you refer must meet the following conditions:
The Validated Provider must purchase one or more Hydrafacial devices directly from Hydrafacial or through an authorized sales representative through one or more orders.
This must be the Validated Provider’s first purchase from Hydrafacial.
The Validated Provider must be a legal resident of UK, France, Spain or Germany and at least be 18 years old.
Each Validated Provider can only count as one Qualified Referral, and a maximum of ten (10) referrals can be earned by the Referrer per calendar year, unless otherwise allowed by Hydrafacial. Any subsequent purchases by the same Validated Provider will not count as a Qualified Referral and will not make the Referrer eligible to receive additional Gift Cards.

E. Earning Rewards
For every verified Qualified Referral made by the Referrer, you will receive one (1) £/€500 gift card prepaid by Hydrafacial (each a “Gift Card”). The form of the Gift Card will be determined by Hydrafacial. The Referrer can earn up to a maximum of ten (10) Gift Cards per calendar year for Qualified Referrals. Any additional referrals made by the Referrer will not be considered qualified and the Referrer will not be entitled to additional Gift Cards, unless otherwise allowed by Hydrafacial. The Gift Cards will be issued by Tango Card, Inc. (“Tango”) on www.tangocard.com and can be redeemed in various forms at Hydrafacial’s discretion, which may include prepaid gift cards. Additional terms and restrictions may apply. Since the Gift Cards will be issued by Tango, the Gift Cards will be subject to Tango’s terms and conditions.

F. Verified Qualified Referrals
Any Gift Cards awarded or issued through the Program are subject to verification by Hydrafacial to ensure its authenticity. In case of any doubts or suspicions, Hydrafacial may delay the issuance of a Gift Card to conduct an investigation. If a transaction is deemed fraudulent, suspicious, or in violation of the Terms and Conditions, or if it could potentially expose Hydrafacial, its subsidiaries, affiliates, or any of their respective officers, directors, employees, representatives, and agents to liability, Hydrafacial may refuse to verify or process it. All decisions regarding the verification of a Qualified Referral and any rewards, including Gift Cards, are final and binding, as made by Hydrafacial.

G. Transfer and Value of Gift Cards
Please note that Gift Cards cannot be exchanged for cash, transferred to another person or entity, or redeemed or exchanged into loyalty rewards points under Hydrafacial’s loyalty rewards program or any other rewards program that Hydrafacial maintains. They cannot be sold, traded, bartered, or auctioned off. If the Program is discontinued, any unredeemed Gift Cards that have not been delivered to you will be forfeited.

II. Privacy.
A. Information collected

By participating in the Program, you (the Referrer) agree to provide personal information such as your name and email address, as well as the names and contact details of individuals you refer (the Referred).

B. Obtaining Consent
As a Referrer, you must obtain the explicit consent of each referred individual before sharing their personal information with Hydrafacial. The Referred individual must be informed that their data will be used by Hydrafacial to contact them with information, promotions, and offers related to Hydrafacial products and services.

C. Use of Information
Hydrafacial will use the collected information for the following purposes:
• To manage and operate the Program, including tracking referrals and rewarding participants.
• To communicate with both the Referrer and the Referred regarding updates, promotions, and other information related to the Program and Hydrafacial products and services.
• To ensure compliance with applicable laws and regulations and to enforce these Terms and Conditions.

D. Sharing Information
Hydrafacial may share the collected information with third-party service providers who assist in operating the Program. These providers are obligated to keep your information confidential and to use it only for the specified purposes. Hydrafacial may also disclose information if required by law or in response to valid requests by public authorities.

E. Security of Information
Hydrafacial implements appropriate technical and organizational measures to protect personal information from unauthorized access, use, disclosure, alteration, or destruction.

F. Rights of Data Subjects
Participants have the right to access and correct any personal information held by Hydrafacial. To exercise these rights, participants should contact Hydrafacial using the information provided below. Participants can also opt-out of receiving promotional communications at any time by following the unsubscribe instructions included in those communications or by contacting Hydrafacial directly.

G. Contact
For any questions or concerns about privacy and data protection, participants can enforce their rights as described in the Privacy Policy

III. Content Ownership and Use.
A. The Hydrafacial online platform and Program contain various types of content, such as designs, text, graphics, images, videos, information, logos, button icons, software, audio files, computer code, and more. This content, collectively referred to as « Content », is owned by Hydrafacial or its licensors and is protected by copyright, trademark, and other laws. Hydrafacial has exclusive ownership over the compilation of all Content on our online platform and Program, which includes its collection, arrangement, and assembly, and is also protected by copyright, trademark, and other laws.

B. License to You

By reading and agreeing to these Terms and Conditions, you are given permission to access and use the Program and its Content for your personal, non-commercial use. Please note that this license can be revoked at any time, with or without cause. It is important to respect copyright and trademark laws, as any unauthorized use of the Content is strictly prohibited. Make sure to keep all copyright, trademark, service marks, and other proprietary notices intact when making copies of any Content.

C. Trademarks

Hydrafacial’s online platform and Program may contain registered or unregistered trademarks, logos, product, and service marks and service names belonging to Hydrafacial or its licensors (collectively, the « Marks »). You are not allowed to use or display the Marks without Hydrafacial’s prior written consent, except if it’s solely enabled by a link provided by Hydrafacial.

IV. Liability.
A. By participating in the Program, you agree to:

Be bound by these Terms and Conditions and Hydrafacial’s Privacy Policy, the decisions of Hydrafacial and its designees.
You are responsible for, and shall defend, indemnify and hold harmless Hydrafacial, its parent companies, affiliates, and subsidiaries, along with all of their respective employees, directors, officers, licensees, licensors, shareholders, attorneys, agents, successors, and assigns (collectively, the “Released Parties”) from and against any and all claims, investigations, damages, losses, liabilities, actions, or expenses (including reasonable attorneys’ fees), whether actual or alleged, related to your participation in the Program. Your responsibility to indemnify as provided in this Section includes: any harm, loss, liabilities, or damages caused: (i) to individuals or property, including, but not limited to, personal injury or death or any property loss or damage, and (ii) any misuse of the Program or any rewards offered under this Program, including, but not limited to, any Gift Cards.

B. Hydrafacial shall not be liable for:

Any entries, communications or affidavits that are late, delayed, stolen, misdirected, incomplete, unreadable, inaccurate, unreliable, garbled or unintelligible.
In the event of a telephone system, telephone or computer hardware or software malfunction, lost connections, disconnections, delays or transmission errors;
Corruption, theft, destruction, unauthorized access or tampering with entries or other materials;
Errors in any websites or materials associated with the Program, including but not limited to Tango and Tango’s website, whether printing, typographical, administrative, or technological.
Damages arising from disputes between referrers or between referrers and friends
Other injuries, losses or damages resulting from acceptance, possession or use of a reward, or from participating in the Program, that weren’t reasonably foreseeable to Hydrafacial.

C. Hydrafacial wants to let you know that we are not responsible for any harm caused to your computer system while participating in or accessing information related to the Program. If there is a virus, bug, computer issue, or unauthorized intervention that interferes with the Program’s administration, security, or proper functioning, Hydrafacial reserves the right to cancel, modify, or suspend the Program at our discretion.

D. Hydrafacial shall not be responsible for failing to provide Referrers with rewards, including any Gift Cards, or any part thereof, due to unforeseeable events such as acts of God, government actions or requests, equipment failure, terrorist acts, natural disasters, wars, labour disputes, transportation interruptions, civil unrest, or any other causes beyond its control.

E. Hydrafacial has the right to cancel or suspend the Program if we determine that its administration, security, or fairness has been compromised in any way, as solely determined by Hydrafacial.

F. Disclaimer of Warranties
Referrers expressly acknowledge, understand and agree that: (a) your use of the program is at your sole risk; the program is provided on an « As is » and « As available » basis and Hydrafacial expressly disclaims all warranties, representations, conditions and terms (collectively, « Promises ») of any kind, whether express or implied by statute, common law or custom, including, but not limited to, warranties and representations as to products or services offered through the use of the program, implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, and noninfringement; (b) Hydrafacial makes and gives no warranty or representation that (I) the program will meet your requirements or be uninterrupted, timely, secure, or error free, (ii) the results obtained from the use of the program will be accurate or reliable, (iii) the quality of any products, services, information, or other material obtained by you through the program will meet your expectations, and (iv) any errors in the service will be corrected; and (c) any material downloaded or otherwise obtained through the use of the program is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from the download or use of any such material.

G. Limitation of Liability and Indemnification
Referrers expressly acknowledge, understand and agree that neither Hydrafacial nor its affiliates, nor any of their respective officers, directors, employees, agents, representatives, successors or assigns (including any vendors and service providers associated with or assisting in providing the program) shall be liable to you for any direct, indirect, reliance, incidental, special, consequential, punitive, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Hydrafacial or such Hydrafacial persons or entities were advised of the possibility of such damages), resulting from: (I) the use or the inability to use the program; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services obtained or messages received or transactions entered into through, from, or as a result of the program; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on or through the program; or (v) any other matter relating to the program. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations in this paragraph may not apply to you.
To the fullest extent possible by law, the maximum liability of Hydrafacial and its affiliates, and all of their respective officers, directors, employees, agents, representatives, successors and assigns (including any vendors and service providers associated with or assisting in providing the program) to you or any third party out of or in connection with the program, regardless of the cause of action (whether in contract, tort, breach of warranty, or otherwise), shall not exceed EUR 100 .
Referrers should use the program at their own risk.

V. Conduct.
A. In the event you engage in Prohibited Conduct (as defined below) which compromises the integrity of the Program, Hydrafacial has the right to cancel, change, or suspend the Program if a solution cannot be reached to restore its integrity.

B. Prohibited Conduct, Generally
As a Referrer, you are not allowed to utilize the Program for the following purposes (collectively, “Prohibited Conduct”):
Do not break any laws that apply;
Do not violate the intellectual property rights of Hydrafacial or any third parties;
Do not stalk, harass, or harm another individual, including but not limited to a Provider;
Do not gather or retain any personal information regarding other Referrers;
Do not pretend to be someone else or falsely represent yourself as the Referrer;
Do not interfere with, disrupt or violate the Terms and Conditions, servers or networks connected to the Program; or disobey any requirements, procedures, policies, or regulations of such networks;
Do not disrupt another Referrer’s use of the Program;
Do not try to access the Program, other accounts, computer systems, or networks connected to the Program without authorization;
Do not send any files that have viruses, worms, trojan horses, or any other harmful features that can cause damage;
Do not engage in or encourage illegal activities or activities that violate the rights of others; and
Do not resell, barter, trade, auction or otherwise generate income by providing access to the Program to others.

C. Bulk Distribution (« Spam »)
When sharing a Personal Link to
Hydrafacial strictly prohibits the promotion of the Program through bulk referrals, distribution to unfamiliar individuals, or any other method that may be considered unsolicited commercial email or « spam » or violating anti-spam laws. Engaging in such activities may result in the immediate termination of the Referrer’s participation in the Program as it goes against Hydrafacial’s no-tolerance spam policy.
Although Hydrafacial is not required to monitor the content provided by Referrers, we may choose to do so. If necessary, Hydrafacial can block email messages, remove any content, or prohibit any use of the Program.
It is important for Referrers to follow all applicable laws, including anti-spam laws. If Referrers fail to comply with these laws, they will be held responsible for and shall defend, indemnify, and hold harmless the Released Parties from and against any and all liabilities, damages, costs, and expenses incurred as a result of such violation.

D. Fraudulent and Suspicious Behaviour

If Hydrafacial deems that a Referrer is trying to undermine the fairness, integrity or legitimate operation of the Program by cheating, hacking, deceiving, or engaging in any other unfair playing practices in order to annoy, abuse, threaten or harass other Referrers, Providers, or Hydrafacial representatives, Hydrafacial may prohibit such Referrer from participating in the Program or getting a Gift Card, credit or reward.
Participation through affiliate websites, affiliate network properties, automated systems, scripts, or macros is strictly prohibited and will lead to disqualification.
Participants in the Program must use only one legitimate email address and account. Fictitious identities and any means of manipulating the system, such as bots or devices, are not permitted and may result in disqualification from receiving a reward.
Please note that Hydrafacial has the authority to disqualify any Referrer and revoke any rewards if they are found to be tampering with the entry process or violating the Terms and Conditions of the Program.
REFERRER UNDERSTANDS AND ACKNOWLEDGES THAT ANY INTENTIONAL EFFORT TO HARM OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE CONSIDERED A VIOLATION OF CRIMINAL AND CIVIL LAWS. SUCH ACTIONS WILL RESULT IN DISQUALIFICATION FROM PARTICIPATING IN THE PROGRAM. IF SUCH AN ATTEMPT IS MADE, HYDRAFACIAL RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES, INCLUDING ATTORNEY FEES, TO THE FULLEST EXTENT OF THE LAW, WHICH MAY INCLUDE CRIMINAL PROSECUTION.

VI. Suggestions and Submissions.
We love hearing from our users and welcome your feedback on the Program. Please note that we cannot accept any creative ideas, suggestions, inventions, or materials (« Creative Ideas ») unless we have specifically requested them. While we value your feedback on the Program, please refrain from submitting Creative Ideas.

If you do submit Creative Ideas despite this request, please be aware that Hydrafacial will exclusively own all rights to them. We will not be bound by any obligation of confidentiality and will not be responsible or liable for any use or disclosure of the Creative Ideas. Additionally, we will be free to use the Creative Ideas without any permission from or compensation to you or anyone else, for any purpose, commercial or otherwise. Thank you for your understanding.

VII. Applicable Law; Arbitration; Class Waiver; and Waiver of Jury Trial.
A. Any and all disputes, claims and causes of action arising out of or related to the Program or any reward or other prize, including, but not limited to, the Gift Cards, pursuant to the Program or under these Terms and Conditions shall be resolved under the laws of France

VIII. General Terms.
These Terms and Conditions constitute the entire agreement between Referrers and Hydrafacial concerning Referrers’ use of and participation in the Program and any receipt of rewards under the Program. The failure of Hydrafacial to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, Hydrafacial and Referrers nevertheless agree that the court should endeavour to give effect to the intentions reflected in the provision, and that the other provisions of these Terms and Conditions shall remain in full force and effect. The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect. A person who is not a party to these Terms and Conditions shall have no right to enforce or receive the benefit of any of the terms under these Terms and Conditions.