The Body Shop Clienteling Program Terms and Conditions
Last Updated: January 25, 2023
The following Terms and Conditions (“Terms”) between you (“you” or “your”) and The Body Shop International Limited, or its subsidiaries, licensees, and affiliates (collectively, “The Body Shop,” “we,” “our,” or “us”) describes the terms and conditions of our Clienteling Program (“Clienteling Program” or “Program”) and related services (the “Services”). These Terms are subject to change at any time. By accessing or using any of the Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms. PLEASE READ THESE TERMS CAREFULLY. THESE TERMS MAY HAVE CHANGED SINCE YOU LAST ACCESSED OR USED THE SERVICES. BY CLICKING “I AGREE” OR OTHERWISE ACCESSING OR USING ANY PART OF THE SERVICES, YOU AGREE TO THESE TERMS.
THESE TERMS ALSO CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS SET FORTH BELOW IN SECTION 6, REQUIRES YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST THE BODY SHOP ON AN INDIVIDUAL BASIS, MEANING YOU CANNOT BRING CLAIMS AGAINST THE BODY SHOP IN COURT, AND CONFIRMS YOUR AGREEMENT TO A CLASS ACTION WAIVER IN ARBITRATION. By accepting these Terms, you are agreeing to the arbitration agreement and class action waiver contained in Section 6 of these Terms below.
1. Purpose. The purpose of this Program is to build relationships with customers in the United States. The Program enables The Body Shop’s associates to engage with customers in various ways both in store or online at www.thebodyshop.com. Associates may extend invitations to special events; engage in product outreach; offer appointments for various services at participating stores; and more.
2. Modification of the Terms or Services. The Body Shop reserves its rights to change, modify, terminate, or eliminate the Clienteling Program and/or any of the Clienteling Program’s Terms, Benefits, or any other description of the Program at any time without notice. Any changes, modifications, or termination of the Program or the Terms will be accessible at www.thebodyshop.com and will be effective immediately upon publication the website. The Body Shop is not responsible for providing you with notice of changes; you are solely responsible for reviewing the Terms, Benefits, and other relevant information at www.thebodyshop.com. Please visit this website regularly for any changes to the Terms. Your continued participation in the Program after we make changes to it or to these Terms signifies your acceptance of such changes. If at any time you disagree with the Terms of the Program, you must discontinue participation in the Program immediately.
a. Participation. To join the program, you must provide a valid email address, physical address, and/or phone number. It is your responsibility to keep us updated if your contact information changes. You can contact the team at your home store to make those updates.
b. Over 18 Years Old. By accessing or using the Program you verify that you are an individual 18 years or older; or if you are under the age of 18, you must be supervised by a parent or legal guardian who agrees to and legally consents to be bound by the Terms of the Program.
5. Specific Conditions
a. Communications. By joining or otherwise participating in the Program, you agree to receive communications about the Program and Services, advertising and marketing materials from The Body Shop, and individualized contact from The Body Shop. Participants may unsubscribe from The Body Shop emails at any time via the unsubscribe link in those emails; provided, however, if you unsubscribe from The Body Shop’s emails, you may no longer receive email updates about Program and Services.
b. Clienteling Program benefits and any special offers are non-transferrable, non-assignable, may not be shared unless otherwise noted by associates, and are void where prohibited.
6. ARBITRATION AND CLASS ACTION WAIVER
a. Mandatory Binding Arbitration. You and we agree that the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of your purchase, our service, thebodyshop.com or these Terms, SHALL BE FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS. YOU HEREBY UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO SUE OR GO TO COURT to assert or defend your rights arising out of or relating to these Terms, except for matters that may be taken to small claims court. Notwithstanding the foregoing, any dispute or claim relating to patent, copyright, trademark, trade secret, privacy or publicity rights, shall not be resolved in arbitration and, instead, the parties agree that such dispute shall be resolved exclusively in state or federal court in New York, New York, and the parties consent to exclusive jurisdiction and venue in such courts. You and we acknowledge and agree that the Federal Arbitration Act and federal arbitration law govern and apply to arbitrations between you and us (despite any other choice of law provision).
b. AAA Rules. Arbitration under this Agreement shall be conducted by the American Arbitration Association (the “AAA”). For claims of less than or equal to $75,000 (exclusive of attorney’s fees, costs, and alleged punitive damages or penalties), the AAA’s Consumer Arbitration Rules will apply; for claims over $75,000, the AAA’s Commercial Arbitration Rules will apply. The AAA rules are available at https://www.adr.org.
c. Class Action Waiver. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ARBITRATION SHALL PROCEED SOLELY ON AN INDIVIDUAL BASIS WITHOUT THE RIGHT FOR ANY DISPUTES TO BE ARBITRATED ON A CLASS ACTION BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF OTHERS. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.
d. Limitation on Aggregating Claims. You further agree that the arbitrator shall have no authority to award class-wide relief or to combine or aggregate similar claims or unrelated transactions. You acknowledge and agree that this agreement specifically prohibits you from commencing arbitration proceedings as a representative of others. Disputes may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. In the event that the CLASS ACTION WAIVER is deemed unenforceable, then any putative class action may only proceed in a court of competent jurisdiction without a jury and not in arbitration.
e. Waiver of Right to Trial by Jury. WE BOTH AGREE THAT, WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, THE PARTIES BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES.
f. Other Terms. The terms of the Arbitration Agreement provisions shall survive after this Agreement terminates or your Program membership ends. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.
7. DISCLAIMER and LIMITATIONS OF LIABILITY
a. THIS CLIENTELING PROGRAM AND RELATED SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
b. THE BODY SHOP’S AGGREGATE LIABILITY TO YOU FOR ANY REASON AND ALL CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS PROGRAM AND/OR THE RELATED SERVICES SHALL BE LIMITED TO THE TOTAL AMOUNT YOU PAID TO THE BODY SHOP FOR THE SINGLE TRANSACTION YOU COMPLETED DURING SUCH TIME AS YOUR CLAIM AROSE. THE BODY SHOP SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS PROGRAM AND/OR THE RELATED SERVICES, INCLUDING BUT NOT LIMITED TO LOSS OF USE AND LOSS OF PROFITS.
c. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT OR FRAUD OF THE BODY SHOP ARISING OUT OF OR RELATING TO THIS PROGRAM AND/OR THE RELATED SERVICES.
d. IN NEW JERSEY, THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE NEGLIGENCE OF THE BODY SHOP ARISING OUT OF OR RELATING TO THIS PROGRAM AND/OR THE RELATED SERVICES.
e. From time to time, there may be information on our website or in our brochures that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. The Body Shop reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order).
8. Governing Law and Venue. These Terms are governed and interpreted pursuant to the laws of the State of New York, notwithstanding any principles of conflicts of law. Any disputes in connection with these Terms that, notwithstanding the mandatory arbitration provision we have agreed to above, result in court action, shall be resolved exclusively by a state or federal court located in New York, New York, and you specifically consent to the personal jurisdiction of such courts and waive any claim of forum non conveniens.