Last Revised: January 1st, 2026

 

I. General

These Terms and Conditions for Online Product Sales ("Terms of Sale") govern your online purchase of products and services from Oddity Global Ltd., doing business as "SpoiledChild", including its affiliates, which shall mean subsidiaries, parent companies, joint ventures and other corporate entities under common ownership (collectively, “SpoiledChild”, “we”, “us”, or “our”).

These Terms of Sale apply in addition to our General Terms and Conditions. If there is any conflict or any inconsistency between these Terms of Sale and the General Terms and Conditions, these Terms of Sale shall govern. By placing an order with us, you confirm that you have read, understood, and agreed to these Terms of Sale.

SpoiledChild offers cosmetic products, samples, tools and other goods and services (together, the "Offering(s)"), which are made available through the following websites:

• The SpoiledChild www.spoiledchild.uk (the “Website”).

These Terms of Sale apply to purchases made through the Websites, as updated from time to time. If we revise these Terms of Sale and the revisions may materially affect an order, we may notify you of such revisions, where reasonably practicable.

You are encouraged to visit our FAQ here, where our Returns Policy may also be found.

Please send any questions about these Terms of Sale or the Terms and Conditions by email to our designated Customer Service email address: [email protected].

II. ACCEPTANCE AND YOUR CONTRACT WITH US 

A. The governing law of the contract language shall be English, except where the laws where you reside require otherwise.

B. The presentation of Offerings on the Websites does not constitute a legally binding offer by us. Rather, such a display constitutes an invitation to customers to submit an order for the Offerings. The customer’s submission of an order constitutes a legally binding offer to purchase the Offerings.

C. As a customer, you may select one or more Offerings from the Websites and place them in an electronic shopping cart. A binding offer is submitted only once you have entered all information required to complete the order, confirmed that you have read these Terms of Sale, and clicked the “Buy now” button. Until that point, you may review, modify, or correct your order and the information provided at any time.

D. After submitting your order, you will receive an automatically generated confirmation of receipt by email. This confirmation acknowledges receipt of your order and includes its details, but does not constitute acceptance of your offer or the conclusion of a purchase contract, unless expressly stated otherwise. We recommend that you print or save this confirmation for your records. The content of the confirmation is not stored by the Company and is therefore not accessible to the customer after the contract has been concluded.

E. A purchase contract between you and us is concluded only once we have accepted your order. Our acceptance will be confirmed by email, either together with the confirmation of receipt or in a separate order confirmation, within two (2) working days of placing your order. If you do not receive an order confirmation within this period, your order will be deemed rejected.

F. Your selected payment method will be charged only after the contract has been concluded through our order confirmation.

G. If you are under eighteen (18) years of age, you may not purchase any products from our Websites, or provide personal information to us for any purpose, except through your legal guardian under applicable law once your legal guardian has reviewed and agreed to these Terms of Sale in their entirety.

III. OUR PROGRAMS 

A. Auto- Refill:

(i) You may purchase certain of our Offerings from selected countries using our “Auto-Refill” subscription option as made available by and through our Website. In connection with an Auto-Refill subscription, you may select the quantity and frequency of the ordered products, subject to the options made available by SpoiledChild.

(ii) Your selection of an Auto-Refill subscription, while it remains active, serves as your authorization for SpoiledChild to make recurring charges based on the quantity and price of the products you select for Auto-Refill, inclusive of VAT and any applicable charges, including shipping charges, to your selected payment method for each shipment, as well as to The condition of enrollment in the Auto-Refill subscription program is keeping a valid credit card on file in your account.

(iii) The actual cost of each shipment may vary depending upon applicable taxes, your chosen product quantity, and your chosen frequency and method of delivery. These recurring fees will be charged upon shipment of the subject product's order.

(iv) We reserve the right to cancel an “Auto-Refill” subscription at any time, in our sole discretion.

(v) You can modify or cancel any Auto-Refill order up to 24 hours before that order ships. If you cancel or modify within 24 hours of shipment, that order will not be cancelled or modified. To (a) modify or cancel an order, (b) update your shipping address, billing information, payment method, etc. associated with your account, and/or (c) cancel the Auto-Refill subscription, please go to https://www.spoiledchild.co.uk/customer/account/login , log into your account by clicking the “LOGIN” button at the upper right corner, and from within “MY ACCOUNT” select the “MY Auto-Refill” tab. You may also cancel your Auto-Refill subscription by following the link at the bottom of each notification email we send to you prior to shipment of your next order. If you have any issues with your Auto-Refill subscription or order, please contact our customer support using the contact details provided in Section I above.

B. Try Before You Buy:

(i) You may purchase certain Offerings using our “Try Before You Buy” option as made available by and through the Websites.

(ii) By placing a Try Before You Buy order, you authorize us to charge your Payment Method immediately for a nonrefundable original shipping fee and to charge the full price of any or all products for which you do not initiate a return or exchange from our returns portal located here during the thirty (30) days after the date of delivery provided by the carrier, or during any alternative period as communicated to you in writing (such time period, the “Trial Period”).

(iii) You acknowledge and agree that SpoiledChild may keep your credit card on file for the Trial Period and does not need to obtain any additional authorization from you to charge for products not returned during the Trial Period.

(iv) Offerings charged after the Trial Period are not eligible for a refund.

(v) Your selected payment method may be subject to preauthorization, a temporary hold, for the full purchase price of your Try Before You Buy order, which may reduce the available balance or credit limit of your selected payment method for the duration of the temporary hold.

(vi) An Auto-Refill subscription selected with a Try Before You Buy product that is returned during the Trial Period will be automatically canceled.

(vii) Subject to product availability, a Try Before You Buy order (a) may only contain up to three (3) products (i) offered upon completion of a qualifying quiz or (ii) from a single “Look,” i.e., the collection of products featured in a qualifying tutorial on the Websites; (b) is only available for your first purchase of an applicable product; (c) eligible for only up to two (2) returns and/or exchanges; and (d) must be placed separately from other methods of purchase.

IV. RIGHT OF WITHDRAWAL 

A. Consumers have a legal right of withdrawal on our Websites, in accordance with the following right of withdrawal provisions:

• (i) You have the right to cancel this contract within fourteen (14) days without giving any reasons.
• (ii) The cancellation period is fourteen (14) days from the day on which you or a third party named by you who is not the carrier took possession of the last goods.
• (iii) To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement to our customer support e-mail address at: [email protected].
• (iv) To meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.

B. If you cancel the contract, we will refund to you all payments received from you, including delivery costs (except for any additional costs arising from you choosing a method of delivery other than the cheapest standard delivery offered by us have) to be repaid immediately and at the latest within fourteen (14) days from the day on which we received notification of your cancellation of this contract. For this repayment, we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment. We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier. You must return or hand over the goods to us or a third party named by us immediately and in any case no later than fourteen days from the day on which you inform us of your cancellation of this contract. The deadline is met if you send the goods before the fourteen (14) day period has expired. We will bear the costs of returning the Offerings if you use the shipping label we provide. You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functionality of the goods.

C. There is no right of withdrawal for contracts for the delivery of:

• (i) Offerings that are not prefabricated and for the production of which a customer selection or determination by the customer is decisive or which are clearly tailored to the personal needs of the customer;
• (ii) Sealed Offerings that are not suitable for return for health protection or hygiene reasons if the seal has been removed after delivery.

D. Please enclose the return slip enclosed with the order with the return and use the return shipping label. This approach allows us to allocate the products as quickly as possible. However, the use of the return slip and return label is not a prerequisite for the effective exercise of the right of withdrawal.

E. In addition to the above statutory right of cancellation, we may, from time to time, offer additional voluntary cancellation options. Special conditions may apply, which will be indicated on our Website or in other promotional materials. These additional cancellation options, which may differ from the statutory right of cancellation, do not affect the statutory right of cancellation in accordance with the preceding paragraphs.

V. DELIVERY AND SHIPPING TERMS/COSTS

A. Following the conclusion of the contract, the Offerings will be delivered to the delivery address located in the EU or the UK that you provided during the ordering process.

B. Shipping is carried out in accordance with the Offering-specific information provided on the Websites and typically occurs within approximately three (3) working days following the conclusion of the contract, i.e., after our order confirmation has been sent.

C. Delivery is handled by one of our designated postal or parcel service providers. Delivery times are estimates only and are outside of our control.

D. There is no minimum order value for orders placed through the Websites.

E. Applicable delivery charges are set out in the table below.

 

Country	Shipping Costs	Free Shipping Threshold
United Kingdom	£3.95 GBP	£40 GBP

F. Notwithstanding the foregoing, no free-shipping threshold applies to Try Before You Buy orders. Delivery charges are payable in all cases for Try Before You Buy orders.

VI. PRICING AND PAYMENT TERMS

A. All prices displayed on the Websites are shown in GBP or the applicable local currency and include all applicable sales taxes, unless expressly stated otherwise.

B. Your selection of an Auto-Refill or Prepaid Annual Plan subscription, while it remains active, serves as your authorization for SpoiledChild to make recurring charges based on the quantity and price of the products you select for relevant program, inclusive of VAT and any applicable charges, including shipping charges, to your selected payment method for each shipment, as well as to create an account on your behalf, with the information that you provided during enrollment (or earlier), where you can manage your subscription. You acknowledge and agree that SpoiledChild does not need to obtain any additional authorization from you for the recurring charges. SpoiledChild is authorized to charge your payment method and to have the fees applied to the same on the expected delivery of your Auto-Refill subscription.

C. Payment for the Offerings may be made using one or more of the following payment methods, as may be offered by us from time to time, subject to the consumer's country of residence and availability. Not all payment methods may be available in all jurisdictions.

        (i) Credit Card. We accept Mastercard, American Express, and Visa. Your credit card will be charged only after the contract has been concluded.

        (ii) Klarna. In cooperation with Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden ("Klarna"), we offer payment by purchase on account, direct payment, and instant payment. When selecting purchase on account, the invoice amount becomes due in accordance with the terms agreed between you and Klarna. Use of Klarna’s payment methods is subject to a successful address and creditworthiness check carried out by Klarna. Additional information will be provided during the ordering process.

        (iii) PayPal. If you select PayPal as your payment method, you will be redirected to PayPal at the end of the ordering process. If you already have a PayPal account, you may log in using your credentials; otherwise, you may create a PayPal account. Your PayPal account will be debited only after the contract has been concluded, i.e., once our acceptance has been sent.

D. We do not charge any additional fees for the use of the available payment methods.

VII. DISCOUNTS 

A. From time to time, SpoiledChild may, in its sole discretion, offer reduced or sale pricing, e-gift codes, free products, Auto-Refill discounts, first-time order discounts, or other promotional offers (“Promotions”). We reserve the right to modify or terminate any Promotion at any time. Unless expressly stated otherwise in the applicable Promotion terms, Promotions:

• (i) Apply online orders only;
• (ii) May not be combined with other Promotions; and
• (iii) Do not apply to sale items, promotional kits, Try Before You Buy orders, products recommended through our quizzes, shipping charges, or taxes.

B. Discounts limited to first-time orders apply only to the first order placed from a unique account using a unique payment method and delivered to a unique address, and may not be reused if the first purchase is returned.

VIII. RESERVATION OF OWNERSHIP

A. The delivered Offerings ("Reserved Goods") remain our property until full payment. Until the invoice amount has been paid in full (including purchase price and shipping costs), you may not dispose of the Reserved Goods, and in particular may not resell, pawn, give away or lend them. You are obliged to treat the Reserved Goods with care.

B. You own the Offerings once we have received payment in full.

C. If the Reserved Goods are seized by third parties or if third parties intervene in any other way, you must point out our ownership and notify us immediately in writing so that we can enforce our property rights. If the third party is unable to reimburse us for the legal or extrajudicial costs incurred in this context, you will be liable for this.

D. If you act in violation of the contract - in particular if you are in arrears with the payment of the fee owed, we have the right to withdraw from the contract after we have given you a reasonable deadline for performance.

IX. WARRANTY AND LIABILITY

A. The Offerings images displayed on the Websites are for illustrative purposes only. Actual colors, resolution and size of the Offerings may vary for technical reasons, including differences in screen display and color settings.

B. The delivered Offerings shall be deemed to conform to the contract if they correspond to the written product specifications provided on the Websites.

C. A product will be your responsibility from the time we deliver the product to the address you gave us or you collect it from us. Risk of loss passes when you or a person you designate (other than the carrier) takes physical possession of the goods.

D. For all Offerings purchased through the Websites, you are entitled to statutory warranty rights in the event of a defect. If you make a justified warranty claim, we will bear the costs of returning the defective goods, unless we expressly request that the goods not be returned. In all other cases, return shipping costs shall be borne by you.

E. We shall be liable in accordance with applicable statutory provisions for damages caused by us, our legal representatives, or our vicarious agents. Liability for damages resulting from slight negligence is excluded, except in the following cases:

• (i) breach of a material contractual obligation. A material contractual obligation is an obligation whose performance is essential to the proper execution of the contract and on which the customer may reasonably rely. In such cases, liability shall be limited to the foreseeable damage typical for the contract;
• (ii) injury to life, body, or health;
• (iii) liability arising from an expressly agreed guarantee; or
• (iv) claims under applicable product liability laws.

F. To the extent that our liability is excluded or limited, this also applies to the personal liability of our employees, representatives and vicarious agents.

X. GOVERNING LAW 

• (i) These Terms and Conditions and Terms of Sale shall be governed by and construed in accordance with the laws of England and Wales.
• (ii) This choice of law only applies to the extent that mandatory provisions of the law of the country in which the customer as a consumer has his habitual residence are not superseded.

XI. DISPUTES 

• (i) All disputes arising from these Terms and Conditions and Terms of Sale shall be finally settled in the competent courts of London, UK, except where you have statutory rights to bring claims in local courts, in accordance with the laws where you reside.
• (ii) We are not obliged to participate in alternative dispute resolution (ADR) procedures and do not participate in such procedures.
• (iii) The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
• (iv) The European Commission provides a platform for online dispute resolution under the link http://ec.europa.eu/odr. 

XII. SEVERABILITY

If any provision of these Terms of Sale is held to be invalid, illegal or unenforceable, such provision shall be deemed severed, and the validity and enforceability of the remaining provisions shall not be affected.

SpoiledChild - Terms and Conditions

Last Revised: January 1st, 2026

Introduction

These Terms and Conditions ("Terms and Conditions") constitute a binding legal agreement between Oddity Global Ltd., doing business as "SpoiledChild", including its affiliates, which shall mean subsidiaries, parent companies, joint ventures and other corporate entities under common ownership (collectively, “SpoiledChild”, “we”, “us”, or “our”) and you (“you” or “your”, “Customer”).

If you use the Services (as defined below) on behalf of a company or other entity then “you”, “Customer” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms and Conditions, and (b) you agree to these Terms and Conditions on such entity's behalf.

These Terms and Conditions govern your use of the Offering which is made available through the following platforms:

• Our Websites;
• Our mobile applications; and
• Social media accounts operated by us to provide the Offerings (the "Sites" and together with the Offerings, the “Services”).

We engage certain affiliated entities inside our group, including, but not limited to, SpoiledChild Inc., a US-based entity, which acts as an authorized payment agent solely on behalf of Oddity Global Ltd., for the purpose of processing payments and related billing operations. By using the Services, you consent to charges of the Payment Method (defined below) you submit or maintain on file being processed by this entity. The descriptor on your statement may reference these entities or our brand, as indicated at checkout.

If you are under eighteen (18) years of age (or the legal age of majority in your jurisdiction, if greater than eighteen (18)), you may not, under any circumstances, procure any Offering or enter into the Sites or Services, or provide personal information to us for any purpose, except through your legal guardian under applicable law once your legal guardian has reviewed and agreed to these Terms and Conditions in their entirety. The Services are not directed to children under thirteen (13) years of age. IF YOU ARE UNDER 13, YOU MAY NOT ACCESS AND/OR USE THE AND/OR THE OFFERINGS. By accessing or using the Services, you represent and warrant that you meet all of these requirements and the ones listed below.

Your access to the Services is also subject to our Privacy Policy, Terms of Sale and other terms and policies which you may find throughout our Sites, all of which are deemed a part of and included within these Terms and Conditions.

By accessing or using the Services, you acknowledge that you have read, understand, and agree, without limitation or qualification, to be bound by the Terms and Conditions. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SERVICES.

TABLE OF CONTENTS

I. General

II. Purchases

    A. Prices and Payment

        (i) General

        (ii) Discounts

        (iii) Changes and Pricing

    B. Use Restrictions

    C. Billing

        (i) General

        (ii) Auto-Refill

        (iii) Try Before You Buy

    D. Order Acceptance; Shipping

    E. Returns

III. Intellectual Property

    A. Ownership

    B. Ownership of Feedback

    C. Limited License; Use Restrictions

IV. Account Creation and User Content

    A. Your Account

    B. User Content

    C. Deletion of User Content

    D. Photo Data

V. Third-Party Information

    A. Third-Party Links

    B. Copyright Infringement Notices

VI. Other Provisions

    A. SMS Messaging and Phone Calls

    B. Consent to Receive Notices Electronically by Posting on the Services and Via Email

    C. Special Features, Functionality and Events

    D. Updating These Terms and Conditions

    E. Termination of License and Your Account

    F. Injunctive Relief

    G. Export Laws

    H. Disclaimer of Warranties

    I. Limitations of Liability

    J. Indemnification

    K. Miscellaneous

    L. How to Contact Us

I. General

You acknowledge and agree that the Terms and Conditions constitute a complete and exclusive agreement between you and us, concerning your access or use of the Services and supersede and govern all prior proposals, agreements or other communications. We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Services or providing notice of such changes. Any changes to these Terms and Conditions are effective immediately upon posting to the Services. Your continued use of the Services thereafter constitutes your agreement to all such changed Terms and Conditions and if you do not agree with any of the changes or modifications, you must immediately cease using the Services.

By accessing or using the Services, you agree that you will comply with the Terms and Conditions and any warnings or instructions on the Services. You agree that when accessing or using the Services, you will act in accordance with all applicable laws, customs and in good faith. You may not make any change or alteration to the Services and may not impair in any way the integrity or operation of the Services. Without limiting the generality of any other provision of the Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in the Terms and Conditions, you shall be liable for all the losses and damages that this may cause to us, our parents, subsidiaries, affiliates, partners or licensors.

We comply with all applicable laws governing automatic renewal, recurring billing and negative-option programs. Before you complete enrolment in any subscription-based program, including Auto-Refill (as defined below), you will be clearly shown: (a) the recurring nature of the charges; (b) the amount and frequency of payments; (c) how to cancel; and (d) that charges will continue until you cancel. By enrolling, you acknowledge that the recurring charge amount, billing frequency, next billing date, and cancellation method were clearly presented to you immediately before checkout, and that you provided express consent to recurring charges.

II. PURCHASES

A. Prices and Payment

(i) General. 

You can purchase our Offerings via the Sites by completing the applicable purchase form and providing the requisite billing information. You acknowledge and agree that all such billing information that you provide is accurate, current and complete. By purchasing any Offerings via the Services, you confirm you understand the function of such product and/or service as set forth on the Services and intend to use it only for such purpose.

Please note that the availability of certain Offerings may vary depending on your territory and is subject to applicable local requirements.

When you purchase Offerings, you authorize your credit card, debit card and/or any other payment option provided by you, as permitted by SpoiledChild in its sole discretion (collectively, “Payment Method”) on the form or updated at a later date to be charged the applicable amount during the stated timeframe. You represent and warrant that you have the legal right to use the Payment Method you provide to us or our payment processor. Prices do not include applicable taxes and are listed in GBP or the applicable local currency, except as required by law.

To the extent not prohibited under applicable laws where you reside and the Terms of Sale, we reserve the right, with or without prior notice and in our sole and complete discretion, to (a) discontinue, modify, or limit the available quantity of any Offerings, and (b) refuse to allow any user to purchase any Offerings or deliver such Offerings to a user or a user-designated address. When you purchase Offerings, you (a) agree to pay the price for such Offerings as set forth on the Services, and all shipping and handling charges and all applicable taxes in connection with your purchase and authorize us to charge the provided Payment Method for the full purchase amount. TO THE EXTENT NOT PROHIBITED UNDER APPLICABLE LAWS WHERE YOU RESIDE AND THE TERMS OF SALE, AND OTHER THAN AS EXPRESSLY SET FORTH HEREIN TO THE CONTRARY, ALL SALES OF OFFERINGS ARE FINAL AND NON-REFUNDABLE.

(ii) Discounts. 

SpoiledChild may offer, in our sole discretion, reduced and/or sale pricing, e-gift codes, free products, discounts for Auto-Refill (as defined below), first-time or other types of orders, and/or other promotions from time-to-time (“Promotions”). We reserve the right to terminate any Promotion at any time. Unless superseded by a Promotion’s explicit terms, Promotions (a) apply to online orders only, (b) cannot be combined with other Promotions, and (c) do not apply to sale items, promotional kits, Try Before You Buy orders (as applicable in certain territories), products recommended through our quizzes, shipping charges and taxes. Discounts that are restricted to your first-time orders are limited to the first order from a unique account using a unique payment method with delivery to a unique address and cannot be reused if you return your first purchase.

(iii) Changes and Pricing. 

We may, at any time, revise or change the pricing, availability, specifications, content, descriptions or features of any Offerings displayed on the Sites. While we attempt to be as accurate as we can in our descriptions for the Offerings, we do not warrant that the Offering descriptions are accurate, complete, reliable, current, or error-free. If an Offering itself is not as described on the Sites, you may return it (for physical products, in unused condition).

The inclusion of any Offerings for purchase through the Sites at a particular time does not imply or warrant that the Offerings will be available at any other time. We reserve the right to change prices for Offerings displayed on the Sites at any time, and to correct pricing errors that may inadvertently occur (and to cancel any orders in our sole discretion that were purchased with pricing errors). All such changes shall be effective immediately upon posting of such new Offering prices to the Sites and/or upon making the customer aware of the pricing error.

If we change the price of your subscription products (including the Auto-Refill plan and Pre-Paid Annual plan) or the billing interval, we will notify you in advance of the next billing cycle. If you do not wish to continue at the new price, you may cancel before the next billing without penalty. We may suspend, modify or cancel your subscription at any time for product availability, payment failure, pricing errors, suspected fraud or other lawful reasons. If we cancel before shipment, you will not be charged, and any prepaid amounts will be refunded.

B. Use Restrictions

The Offerings are only for your personal use and/or use in providing professional services. You may not commercially sell or resell any of the Offerings that you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or Offerings to be provided to you that we believe, in our sole discretion, may result in violation of our Terms and Conditions. We may impose quantity limits per order, per account, per payment method, or otherwise as we deem appropriate.

C. Billing

(i) General. 

Failure to use the Offerings does not constitute a basis for refusing to pay any of the associated charges. Subject to these Terms and Conditions, you agree to be bound by the billing provisions of SpoiledChild in effect at any given time. Upon reasonable prior written notice to you (with e-mail sufficing), SpoiledChild reserves the right to change its billing provisions whenever necessary, in its sole discretion or as permitted by applicable law.

SpoiledChild’s authorization to provide and bill for the Offerings is obtained by way of your electronic signature or, where applicable, via physical signature and/or voice affirmation. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency.

The risk of loss and title for the Offerings purchased by you passes to you upon delivery of the products to our designated carrier, but we reserve the right to remedy user issues and concerns with our designated carriers on a case-by-case basis.

(ii) Auto-Refill. 

You may purchase certain Offerings from selected countries within the territory using our “Auto-Refill” subscription option as made available by and through the Services. In connection with an Auto-Refill subscription, you may select the quantity and frequency of the ordered products, subject to the options made available by SpoiledChild. Your selection of an Auto-Refill subscription, while it remains active, serves as your authorization for SpoiledChild to make recurring charges based on the quantity and price of the Offerings you select for Auto-Refill, plus tax and any applicable shipping charges, to your selected Payment Method for each shipment. Your selection of an Auto-Refill subscription serves as your authorization for SpoiledChild to create, with the information that you provide during enrollment and may have provided earlier, an account on your behalf from where you can manage your subscription. The condition of enrollment in the Auto-Refill subscription program is to keep a valid credit card on file in your account. The actual cost of each shipment may vary depending upon applicable taxes, your chosen product quantity, and your chosen frequency and method of delivery. These recurring fees will be charged upon shipment of the subject Offering order. You acknowledge and agree that SpoiledChild does not need to obtain any additional authorization from you for the recurring charges. On any date your Auto-Refill subscription is expected to be on the next ship, SpoiledChild is authorized to charge your Payment Method and to have the fees applied to the same. We reserve the right to cancel an Auto-Refill subscription at any time, in our sole discretion.

You can modify or cancel any Auto-Refill order up to 24 hours before that order ships. We will send a reminder email prior to each Auto-Refill shipment. The email will include the scheduled shipment date and a link to cancel or modify your subscription. If you cancel or modify within 24 hours of shipment or afterwards, that order will not be cancelled or modified. To (a) modify or cancel an order, (b) update your shipping address, billing information, Payment Method, etc. associated with your account, and/or (c) cancel the Auto-Refill subscription, please go to https://www.spoiledchild.co.uk/customer/account/login , log into your account by clicking the “LOGIN” button at the upper right corner, and from within “MY ACCOUNT” select the “MY AUTO-REFILLS” tab. You can also cancel your Auto-Refill subscription by following the link at each notification email we send to you prior to shipment of your next order. Cancellation will take effect immediately. Your Auto-Refill orders may be shipped slightly earlier or later than the originally selected cadence, depending on the day of the week and product availability. If you have any issues with your Auto-Refill subscription or order, please contact our customer support team using the contact details provided in Section I under the Terms of Sale above.

(iii) Try Before You Buy. 

Depending on your territory, you may purchase certain products using our “Try Before You Buy” option as made available by and through the Services. By placing a Try Before You Buy order, you authorize us to charge your Payment Method immediately for a nonrefundable original shipping fee and to charge the full price of any or all products for which you do not initiate a return or exchange from our returns portal located here during the thirty (30) days after the date of delivery provided by the carrier, or during any alternative period as communicated to you in writing (such time period, the “Trial Period”). You acknowledge and agree that SpoiledChild may keep your credit card on file for the Trial Period and does not need to obtain any additional authorization from you to charge for products not returned during the Trial Period. Products charged after the Trial Period are not eligible for a refund. Your Payment Method may be subject to preauthorization, a temporary hold, for the full purchase price of your Try Before You Buy order, which may reduce the available balance or credit limit of your Payment Method for the duration of the temporary hold. An Auto-Refill subscription selected with a Try Before You Buy product that is returned during the Trial Period will be automatically canceled.

Subject to product availability, a Try Before You Buy order (a) may only contain up to three (3) products (i) offered upon completion of a qualifying quiz or (ii) from a single “Look,” i.e., the collection of products featured in a qualifying tutorial on the Services; (b) is only available for your first purchase of an applicable product; (c) eligible for only up to two returns and/or exchanges; and (d) must be placed separately from other methods of purchase.

D. Order Acceptance; Shipping

Once we receive your order for an Offering, we will provide you with an order confirmation. Your receipt of an order confirmation, however, does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell; we are simply confirming that we received your order.

We reserve the right at any time after receiving your order to accept or decline your order for any reason and at our sole discretion. If we cancel an order after you have already been billed, then we will refund the billed amount. We are unable to cancel or edit orders at your request once placed. Title and risk of loss for any purchases of physical products pass to you upon our delivery to our carrier. We reserve the right to ship partial orders (at no additional cost to you), and the portion of any order that is partially shipped may be charged at the time of shipment. All orders are shipped using one of our third-party couriers. Online tracking may be available on our courier’s website (for example, FedEx), though we make no warranties regarding its availability because it is not under our control. While deliveries may be scheduled for a specified arrival, we cannot guarantee delivery by any specific date or time. Your Auto-Replenishment orders may be shipped slightly earlier or later than the originally selected cadence, depending on the day of the week and product availability. Shipments that are lost or arrive damaged are the liability of our designated carrier. We may, at our sole discretion, assist you in making a claim for a refund, but we are under no obligation to do so. If your shipment is lost or arrives damaged, please keep the box, packing materials and the item(s) inside and contact us with a picture, as applicable. Lost packages that are documented as delivered by our designated carrier are only eligible for replacement. We are not responsible for shipments that are undelivered due to incorrect shipping information.

Depending on your territory, in furtherance of our policy of not collecting personal information from persons under the age of 13, and from persons under the age of 18 (or age of majority) without the required parental or guardian consent, you are not allowed to give us the personal information of any such persons for delivery or shipping purposes or any other reason.

E. Returns

To the extent not prohibited under applicable laws where you reside and the Terms of Sale, original shipping costs are non-refundable and all orders within the territory are final sale. Try Before You Buy Offerings are subject to the Trial Period returns policy found in All other Offerings purchased at checkout, including Auto-Replenishment orders, must be returned or exchanged within thirty (30) calendar days from the purchase date to qualify for a refund or exchange, unless otherwise stated on the Services. Discounted merchandise and/or orders placed using an e-gift code are not eligible for exchange. Qualifying returns for such products will only be refunded the discounted amount paid, excluding any applied e-gift code and any original shipping costs, both of which are always non-refundable. All free orders are not eligible for returns or exchanges. We do not offer price adjustments on previously purchased items.

To make returns, visit www.spoiledchild.co.uk/return, enter the order number and email address associated with the order, select the item(s) you would like to exchange or return, and print a prepaid return label. Only one return label can be downloaded per order. Returns must (i) be carefully packed in the original packing with the original packing slip inside the box, (ii) have the prepaid return label properly affixed to the outside of the package, and (iii) be properly dropped off at the courier specified on your return label. Free return shipping is only available for customers who use our prepaid return label and follow our returns process. Any other return shipping process will be at your own expense and not eligible for any reimbursement. We are not responsible for returns lost in transit or not received due to any error in following our returns process. It can take up to two (2) weeks to process returns and credit your account or issue online store credit. Your financial institution may take longer to reflect the transaction.

III. INTELLECTUAL PROPERTY

A. Ownership

All information and content available on the Services and its look and feel, including, but not limited to, trademarks, copyrights, trade names, logos, service marks, features, functions, text, graphics, video, logos, button icons, images, audio clips, data compilations and software, any information and content regarding the Services, and the compilation and organization thereof and other intellectual and proprietary rights throughout the world (collectively, the “Content”) is the property of SpoiledChild or our parents, subsidiaries, affiliates, partners or licensors, and is protected by applicable laws, including laws governing copyrights and trademarks and applicable intellectual property. You agree that we and/or our licensors own all right, title and interest in and to the Services and Content (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We and our licensors reserve all rights in connection with the Services other than User Content (as defined below), including, without limitation, the exclusive right to create derivative works.

Except as set forth in Section III.C. below or as required under applicable law, the Services may not be used, reproduced, published, distributed, displayed, used to create derivative works, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.

B. Ownership of Feedback

We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Sites or the Offerings or in any such Feedback. All Feedback becomes our sole and exclusive property, and we may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to us any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property rights) that you may have in and to any and all Feedback.

By submitting content through the reviews ("Review Content"), you grant us a worldwide, royalty-free, transferable, and sublicensable license to use, store, display, publish, adapt, and distribute your review, feedback, and any related materials (including your name and image or photo) for promoting and marketing our Services across any media or format, including on our Sites and on third-party platforms, without notice to you. You consent to our use of your name, username, likeness, and any statements you post alongside the Review Content for marketing and promotional purposes, without payment or further approval, as permitted by law. You confirm that you own the Review Content (including any photos), have all necessary permissions for its use (including for any individuals appearing in it), and that it does not violate any rights or laws. You waive any moral rights in the Review Content to the extent permitted by law. We may edit or remove Review Content at our discretion and have no obligation to use it. You may withdraw your consent for future promotional uses by contacting us as described in the Privacy Policy, without affecting any prior lawful uses.

C. Limited License; Use Restrictions

Subject to your compliance with these Terms and Conditions, we grant you a personal, limited, revocable, non-transferable, non-assignable, non-sublicensable and non-exclusive license to access and make use of the Services, solely for your personal, non-commercial use. It is hereby granted that users are not provided any rights whatsoever in our intellectual property or the Content, which shall vest solely with us; You understand and agree that you will not do or attempt to do or cause any third party to do or attempt to do any of the following in connection with your use of the Services:

• frame or utilize framing techniques to enclose the Services or any portion thereof;
• use any meta tags, meta elements, "hidden text", robots, spiders, crawlers, or other tools, whether manual or automated, to collect, scrape, index, mine, republish, redistribute, transmit, sell, license the Sites, Offerings, Content (except caching or as necessary to view the Services), or the personal information of others without our prior written permission or authorization;
• make any use of Services or any Content other than for personal use;
• modify, reverse engineer or create any derivative works based upon the Services or any Content;
• impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
• use any automated means (such as robots, spiders, scripts, or other devices or programs) to access the Services, or collect any Content;
• engage in any “screen scraping,” “database scraping,” or similar activities to obtain any Content;
• accumulate or index, directly or indirectly, any Content or portion of the Services for any commercial purpose whatsoever;
• "stalk" or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way;
• intentionally violate any applicable local, state, national or international law;
• transmit, upload, post, e-mail, share, distribute, reproduce, or otherwise make available any software viruses, malware, program, code, file, or other material intended to interrupt, disrupt, alter, destroy, or limit any part of the Services; and/or
• engage or make any unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of "spam."

Any unauthorized use by you of the Services and/or any Content automatically terminates the limited licenses set forth in this Section without prejudice to any other remedy provided by applicable law or the Terms and Conditions.

IV. Account Creation and User Content

A. Your Account

Subject to the age restrictions outlined above and under our Privacy Policy, you may view and use many features of the Services without registering, but in order to purchase Offerings and/or access and use certain parts of the Services, you may need to register an account with us.

You are solely responsible for any activity on our account and for maintaining the confidentiality of your account, username and password (to the extent you register utilizing a username and password) and for restricting access to your computer. If there has been an unauthorized use of your password or account, please notify us immediately. You agree to provide us with and maintain current, complete, accurate and truthful information by and through your account. You are responsible for all activities that occur with your permission or authorization under your account, username and/or password, or because you fail to maintain sufficient security over your account, username and/or password. You may cancel your online account with us at any time by emailing us at [email protected]. We reserve the right to refuse service and/or terminate accounts without prior notice if the Terms and Conditions are violated or if we decide, in our sole discretion, that it would be in our best interest to do so.

B. User Content

When you transmit, upload, post, e-mail, share, distribute, reproduce or otherwise make available product reviews, suggestions, ideas, inquiries, feedback, data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials ("User Content") to us, whether through the Services, any third-party websites or otherwise in any manner, you are entirely responsible for such User Content. You hereby grant to us and our parents, subsidiaries, affiliates, partners, and licensors a perpetual, worldwide, irrevocable, transferable, sublicensable, unrestricted, non-exclusive, royalty-free, fully paid up license to use, share, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, and otherwise exploit such User Content throughout the world, in all media now known or hereafter developed, for any purpose whatsoever, including, without limitation, developing, manufacturing, distributing and marketing the Services and other SpoiledChild products and/or services.

You represent and warrant that you own or otherwise control the rights to your User Content. You agree that User Content will not contain material subject to copyright or other proprietary rights, unless you have the necessary permission or are otherwise legally entitled to post the material and to grant us the license described above. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing, sharing, distributing, reproducing, or otherwise making available User Content that: (i) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) you do not have a right to make available under any law or under contractual or fiduciary relationships; (iii) is known by you to be false, fraudulent, inaccurate or misleading; (iv) you were compensated for or granted any consideration by any third party; (v) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; and (vi) includes, depicts, or otherwise relates to individuals under the age of 13, or to individuals between the ages of 13 and 18 without verified parental or legal guardian consent.

We are in no way responsible for examining or evaluating User Content, nor do we assume any responsibility or liability for the User Content. We do not endorse or control the User Content transmitted or posted on the Services and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using the Services, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Services. You hereby waive all rights to any claims against us for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content.

You acknowledge that we have the right (but not the obligation), in our sole discretion, to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of the Terms and Conditions, we have the right to remove any User Content that violates the Terms and Conditions or is otherwise objectionable and we reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate the Terms and Conditions or infringe the rights of others.

C. Deletion of User Content

If you wish to delete certain of your public User Content, such as your ratings and reviews posting(s), on the Services, please contact us by email at: [email protected], and include the following information in your deletion request: first name, last name, user name/screen name (if applicable), email address associated with our website and/or mobile applications, your reason for deleting the posting, and date(s) of posting(s) you wish to delete (if you have it). We may not be able to process your deletion request if you are unable to provide such information to us. Please allow up to ten (10) business days to process your deletion request.

D. Photo Data

If you provide photographs (“Photographs”) as part of the Offerings, as made available in certain jurisdictions, you agree that we may apply software and algorithms against the Photographs to detect the general structure of your face (“Structural Data,” together with the Photographs, the “Photo Data”) in order to provide you with the Services and improve our Offerings. You grant us and our designees all rights, titles, and interests to collect, record, store, analyze, and otherwise process your Photo Data, for the purposes set out in the Privacy Policy. It is hereby clarified that all right, title, and interest in and to the Photo Data (including, without limitation, any derivatives, enhancements, or outputs therefrom) are and shall be owned exclusively by our affiliate, Oddity Tech Ltd.

You acknowledge that we may generate data derived from your Photo Data that has been de-identified, anonymized, and/or aggregated as those terms are defined by applicable law (“Derived Data”). You understand and agree that we are and shall be the exclusive owner of all right, title and interest, including copyright, in all Derived Data, and we shall have the sole and exclusive right throughout the universe in all languages and in perpetuity to use and exploit all or any part of the Derived Data, in any format or version, by any means and in any media, whether now known or hereafter developed.

For clarity, Derived Data does not include your Photo Data nor any information that identifies you. We do not intend to sell, lease, trade, share in exchange for anything of value or otherwise profit from the transaction of your Photo Data, nor use it to directly, or combined with any lists, databases or other datasets, identify specific individuals. You may request that your Photo Data be deleted as described in the Privacy Policy. You understand that any revocation or deletion shall not impact our ownership rights or continued processing of Derived Data to the extent permitted by law.

V. Third-Party Information

A. Third-Party Links

Our Services may display, include or make available content, data, information, applications or materials from third parties (“Third-Party Materials”) or provide links to certain third-party websites. By using the Services, you acknowledge and agree that we are not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials or websites.

We are not responsible for the content of any third-party sites, even if they are linked to or from the Services. Third-Party Materials and links appearing on the Services are for convenience only and are not an endorsement by us, our parents, subsidiaries, affiliates or partners of the referenced content, product, service, or supplier. Your use and access of these Third-Party Materials and websites is at your own risk. We do not warrant the offerings of any Third-Party Materials or websites and assume no responsibility or liability for the actions, content, products or services of such websites, including their privacy policies and terms and conditions. You should carefully review the privacy policies and terms and conditions of any third-party websites you visit.

YOU AGREE THAT YOUR USE OF ANY THIRD-PARTY SITE IS AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESS, IMPLIED OR OTHERWISE. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DAMAGES ARISING FROM ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY SITE OR FOR ANY INFORMATION APPEARING ON THIRD-PARTY SITES.

B. Copyright Infringement Notices

We respect the intellectual property rights of others and require that users of the Services do the same. We maintain a policy that provides for the termination, in appropriate circumstances, of access to the Services by users who are repeat infringers of intellectual property rights. If you believe that copyrighted material has been copied in a way that constitutes copyright infringement, please provide written notice to our designated agent and include the following:

• A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
• Identification of the copyrighted work(s) claimed to have been infringed;
• A description of the material that is claimed to be infringing and its location on the Services;
• Your address, telephone number, and email address;
• A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement, made under penalty of perjury, that the information provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our designated agent for copyright infringement notices is:

1. Oddity Global Ltd., Capital Tower, 91 Waterloo Road, London, England, SE1 8RT, United Kingdom.
2. Email: [email protected]

THIS CONTACT INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING SPOILEDCHILD THAT COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS AND SHOULD BE DIRECTED TO OUR CUSTOMER SERVICE GROUP BY EMAIL TO THE ADDRESSES SPECIFIED IN SECTION I TO THE TERMS OF SALE ABOVE.

A user who has uploaded or posted material that is identified as infringing may submit a counter-notification pursuant to applicable law. Upon receipt of a valid counter-notification, we may reinstate the material in our sole discretion. You acknowledge that you may be liable for damages if you materially misrepresent that content does not infringe the rights of others.

VI. Other Provisions

A. SMS Messaging and Phone Calls

Certain portions of the Services may allow us to contact you via telephone or text messages. You agree that we may contact you via telephone or text messages (including by an automatic telephone dialing system and for marketing purposes) at any of the phone numbers provided by you or on your behalf in connection with your use of the Services. You understand that you are not required to provide this consent as a condition for purchasing any Offerings. You also understand that you may opt out of receiving text messages from us at any time. If you do not choose to opt out, we may contact you as outlined in our Privacy Policy.

B. Consent to Receive Notices Electronically by Posting on the Services and Via Email

You consent to receive any agreements, notices, disclosures and other communications (collectively, "Notices") to which the Terms and Conditions refer from us electronically including, without limitation, by e-mail, push notification, mobile notifications, etc. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing.

To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us at [email protected] and discontinue your use of the Services. In such an event, all rights granted to you pursuant to the Terms and Conditions, including but not limited to the limited licenses set forth in these Terms and Conditions, shall automatically terminate. Unfortunately, we cannot provide the benefits of the Services to any user who cannot consent to the receipt of Notices electronically.

Please note that this consent to receive Notices is entirely separate from any election you may make with respect to receipt of marketing communications. Your options with respect to receipt of marketing communications are set forth in our Privacy Policy.

C. Special Features, Functionality and Events

The Services may offer certain special offerings or events (such as contests, sweepstakes or other promotions) which may: (i) be subject to additional terms of use, rules and/or policies in addition to or in lieu of the Terms and Conditions, and (ii) be offered by us or by third parties. If so, we will notify you of this and if you choose to take advantage of these promotions, you agree that your use of those promotions will be subject to such additional or separate terms of use, rules and/or policies.

D. Updating These Terms and Conditions

We reserve the right, at any time in our sole discretion, to modify these Terms and Conditions, from time to time, in which case we will update the “Last Revised” date at the top of these Terms and Conditions.

If we make changes that are material, we will use reasonable efforts to attempt to notify you, such as by e-mail and/or by placing a prominent notice on the first page of the Sites. However, it is your sole responsibility to review these Terms and Conditions from time to time. The updated Terms and Conditions will be effective as of the time of posting, or such later date as may be specified. Your continued access or use of the Services after the modifications have become effective will be deemed your acceptance of the modified Terms and Conditions. If you object to any such changes, your sole recourse is to cease accessing the Services.

E. Termination of License and Your Account

If you breach any of the provisions of these Terms and Conditions, all licenses granted by us will terminate automatically. Additionally, we may suspend, disable, or delete your account (or any part thereof) with or without notice, for any or no reason. If we delete your account for any suspected breach, you are prohibited from re-registering under a different name. We shall not be responsible for the failure to delete or the deletion of your User Content. All provisions which by their nature should survive termination shall remain in effect. Termination will not limit any of our other rights or remedies at law or in equity.

F. Injunctive Relief

You agree that a breach of these Terms and Conditions will cause irreparable injury to us for which monetary damages would not be an adequate remedy and we shall be entitled to equitable relief in addition to any remedies available at law, without the requirement of posting a bond or other security.

G. Export Laws

You agree that you will not export, re-export, transfer, or otherwise make available, directly or indirectly, the Services and/or Offerings in violation of any applicable export control, sanctions, or trade compliance laws of the European Union, its Member States, the United Kingdom, or other relevant jurisdictions. You represent and warrant that you are not located in, established in, or ordinarily resident in any sanctioned territory and are not a designated or restricted party. You are solely responsible for compliance with all applicable export and sanctions laws.

H. Disclaimer of Warranties

THE SITES, OFFERINGS, CONTENT AND RELATED PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. NEITHER WE 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 AND CONDITIONS, THE SITES, OFFERINGS, CONTENT OR RELATED PRODUCTS AND SERVICES.

WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, SPOILEDCHILD, ITS PARENTS, AFFILIATES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS AND LICENSORS (THE “SPOILEDCHILD ENTITIES”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE THAT NONE OF THE SPOILEDCHILD ENTITIES OR THEIR LICENSORS WILL BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY (I) INTERRUPTION OF BUSINESS; (II) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITES AND/OR OFFERINGS; (III) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (IV) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF THIRD-PARTY MATERIALS OR OFF-WEBSITE LINKS ON THE SITES; (V) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS; (VI) ANY INACCURACIES OR OMISSIONS IN CONTENT; OR (VII) EVENTS BEYOND OUR REASONABLE CONTROL. NO ADVICE OR INFORMATION OBTAINED FROM THE SPOILEDCHILD ENTITIES OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

I. Limitations of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SERVICES, OR YOUR USE THEREOF, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED FIVE HUNDRED U.S. DOLLARS (USD $500.00).

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE THAT NO CLAIMS OR ACTIONS ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS AND CONDITIONS MAY BE BROUGHT MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE. IF YOU ARE DISSATISFIED WITH THE SERVICES, TERMINATION OF YOUR USE IS YOUR SOLE REMEDY.

J. Indemnification

You agree to defend, indemnify and hold us, our parents, subsidiaries, affiliates, partners, licensors, officers, directors, employees, and agents (the “Indemnified Parties”) harmless from any loss, damages or costs, including reasonable attorneys' fees, arising from (i) your use of the Services in violation of law or these Terms, (ii) your User Content, (iii) your negligence or willful misconduct, or (iv) your violation of any third-party rights.

K. Miscellaneous

1. Nothing herein creates any agency, partnership, or joint venture.
2. Failure to enforce any provision shall not constitute a waiver.
3. If any provision is unenforceable, the remainder shall remain effective.
4. Headings are for convenience only.
5. Assignment by you is prohibited without consent; we may assign freely.
6. Surviving provisions shall remain in effect after termination.
7. We may modify, suspend, or discontinue the Services at any time.
8. Failure due to force majeure is excused.
9. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

L. How to Contact Us

If you have any questions or comments regarding these Terms and Conditions or the Services, please contact us:

• Email: [email protected]