Those who sign up for the Kiss & Tell Customer Rewards Program with SGII, Inc. d.b.a. SeneGence International (“SeneGence”) as Kiss & Tell Customers (“Kiss and Tell Customer[s]” or “You” or “Your”) are bound by these Official Rules.
1. HOW TO BECOME A KISS & TELL CUSTOMER.
You may sign up at SeneGence.com. Look for the ‘Join Us’ drop-down window for Kiss & Tell. The sign-up page will ask you a few questions and verification that you have read and understood these Kiss & Tell Official Rules. Once you sign up, you may begin earning points that can be used for discounts on future orders. There is no fee to sign-up.
2. BENEFITS OF BEING A KISS & TELL CUSTOMER.
As a Kiss & Tell Customer, you earn one (1) Purchase Point for every dollar you spend on the purchase of SeneGence products*. You can also earn Activity Points for many other activities including, but not limited to: You can earn: a) 100 points when You refer someone with Your personal link and that person becomes a Kiss & Tell Customer who then places an order totalling at least $100* in SeneGence products on their first order after enrollment (Referral Points); b) 100 points for Your Anniversary Gift and 100 points Birthday Reward (Loyalty Points); c) 25 points for leaving a written review on the SeneGence website for a verified product You purchased, 50 points for leaving a photo review, 75 points for leaving a video review (Review Points) (limited one review per product purchased and subject to approval by SeneGence); d) 10 points when you follow us on select social media platforms, through a link on your Kiss & Tell membership Rewards page(once per platform). (Social Media Points) and e) other offers from SeneGence for activities as they may specify on either a regular or promotional basis. Every 100 points can be exchanged for $10 off a future purchase. A maximum of 450 points may be used on any order.
* Purchase amounts are calculated as retail product price minus any discount, coupons, or usage or points. Points are not earned on tax, shipping or handling charges.
Points for Activities:
3. KISS & TELL POINT LIMITATIONS.
Purchase Points can accumulate for up to twelve (12) months. They will expire at 11:59 p.m. on the date that is one year past the date of the purchase for which they were awarded The term for point expiration of Activity Points (Referral, Loyalty, Review, Social Media or other Points) may vary from one award to another. SeneGence, in its sole discretion, may extend the lifespan of any points awarded to the Kiss & Tell customer. One hundred (100) Points may be used to purchase ten (10) retail dollar’s worth of SeneGence products. Points may not be used toward any tax or shipping costs. Points may only be applied to future purchases of SeneGence products at SeneGence.com/Kiss & Tell. Kiss & Tell Customers must be logged into their account to use their points. Your available point balance will appear in Your Kiss & Tell Customer account. Please keep in mind, it may take a day or two for any points to be applied to Your account and to appear in your account. Points have no cash value and cannot be exchanged for cash, in full or in part. Points are only issued and usable in $10 increments. Points used towards purchases in excess of the full retail value of an order will be lost (i.e. You may use 700 points towards a $65 order, however, You would lose the extra 50 Points). Referral Points earned on orders placed by a new Kiss & Tell Customer who is using Your personal referral code are issued to You at the time that that order ships to the referred Customer. Points cannot be assigned or otherwise transferred to any Kiss & Tell Customer account other than that which originally earned the points. Points from separate Kiss & Tell Customer accounts cannot be combined. Points are promotional in nature and are issued without any exchange of money or value from You. As such, points do not constitute property and You do not have a vested property right or interest in the points. Sale, barter or the exchange of points is strictly prohibited. SeneGence reserves the right to revoke or cancel specific points and/or Kiss & Tell Customer accounts at any time, for any reason, without notice, in its sole discretion.
4. RETURNS.
Contact the SeneGence SeneCare Department by phone at (949) 860-1860 (for USA), (833) 363-7856 (for Canada), 81 2055 0765 (for Mexico), 1800-LIPSENSE (for AU and NZL) or at senecare@senegence.com for help with any returns You may wish to make of SeneGence products. Kiss & Tell Customers receive a ninety (90) day satisfaction guarantee on their purchases of SeneGence products. All unused portions of products must be sent to SeneGence (at Your own cost, subject to certain exceptions, in SeneGence’s sole discretion) so that SeneCare may issue an exchange, refund or points. Whether a return is eligible for an exchange, a refund or points is within SeneGence’s sole discretion. Points used to purchase SeneGence products - which are later returned - will not be returned to You.
5. OTHER CONDITIONS.
Kiss & Tell Customers must be 18 years of age or older. SeneGence has the right to cancel a consumer’s Kiss & Tell account and rights at any time and for convenience, in its sole discretion and without notice. Failure to comply with any Official Rule may also result in the termination of Your Kiss & Tell Customer status and account in SeneGence’s sole discretion without notice. All federal, state, local laws and regulations apply. Kiss & Tell Customers may only cancel an order before it has shipped by calling the SeneGence SeneCare Department (see applicable number under Section 4 – Returns). Kiss & Tell Customers cannot cancel orders once they have shipped. Kiss & Tell Customers may cancel their accounts by calling the SeneGence SeneCare Department or by emailing them at senecare@senegence.com (see applicable number under Section 4 – Returns). Kiss & Tell Customers accounts continue until cancelled.
6. ARBITRATION.
EITHER KISS & TELL CUSTOMER OR SENEGENCE MAY CHOOSE TO HAVE ANY CLAIM BETWEEN KISS & TELL CUSTOMER AND SENEGENCE RESOLVED BY BINDING ARBITRATION INSTEAD OF IN COURT. THE CLAIM WILL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY AND NOT AS A CLASS ACTION. DISCOVERY AND OTHER RIGHTS ARE MORE LIMITED IN ARBITRATION THAN IN COURT. KISS & TELL CUSTOMER WAIVES HIS OR HER RIGHT TO A JURY OR COURT TRIAL. KISS & TELL CUSTOMER WAIVES ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION. KISS & TELL CUSTOMER MAY "OPT OUT"* OF THIS CLAUSE IN WRITING WITHIN 60 CALENDAR DAYS OF KISS & TELL CUSTOMER’S INITIAL ONLINE APPLICATION OR ANY ANNUAL RENEWAL OF THEIR ACCOUNT.
Claims to be Arbitrated. Any and all “Claims” between Kiss & Tell Customer and SeneGence arising out of or relating to a Kiss & Tell Customer Account or to the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, if Kiss & Tell Customer or SeneGence so chooses, shall be determined by arbitration in Orange County California before one arbitrator, and not in court. This means Kiss & Tell Customer and SeneGence waive the right to a jury trial or court trial on those Claims. The term “Claim” means all claims, disputes, or controversies of any kind arising out of or relating to the parties’ relationship, including, but not limited to, this Arbitration Agreement or the breach, termination, enforcement, interpretation or validity thereof. The arbitrator will interpret this Arbitration Agreement and decide the Claim, as well as whether the Claim can be arbitrated. However, the court will decide any Claim involving whether the Class Action Waiver, below, is enforceable. Neither Kiss & Tell Customer nor SeneGence waives the right to arbitrate by filing suit in court.
CLASS ACTION WAIVER. ANY ARBITRATION MUST BE ON AN INDIVIDUAL BASIS ONLY. PREFERRED KISS & TELL CUSTOMER GIVES UP ANY RIGHT HE OR SHE MAY HAVE TO PARTICIPATE IN A CLASS OR OTHER REPRESENTATIVE ACTION REGARDING ANY CLAIM THAT IS SUBJECT TO ARBITRATION. THIS MEANS THE KISS & TELL CUSTOMER CANNOT BE A CLASS MEMBER, CLASS REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL REGARDING ANY SUCH CLAIM.
Exception for Claims for Public Injunctive Relief. Kiss & Tell Customer or SeneGence may, but are not required to, submit Claims for public injunctive relief under California or federal statutes that specifically provide for such relief to arbitration under this Arbitration Agreement. However, the class action waiver contained herein still applies to claims for public injunctive relief, and any such claims, whether asserted in court or in arbitration, may only be brought on an individual basis and not on behalf of a class or a multi-plaintiff group. In the event that either Kiss & Tell Customer or SeneGence brings an action against the other for public injunctive relief, that Claim for public injunctive relief shall be severed from all other issues, including damages or equitable remedies, and the proceedings relating to public injunctive relief shall be stayed until the other issues are resolved by arbitration. After such other issues are resolved, the proceedings relating to public injunctive relief shall be recommenced (in either arbitration or in court), and any findings of fact or law decided by the arbitrator(s) in the non-public injunctive relief proceedings may be considered but shall not be dispositive as to the Claim for public injunctive relief.
Nothing in this Arbitration Agreement shall be construed to prevent SeneGence from obtaining available emergency relief, including but not limited to a temporary or permanent injunction or writ of attachment to safeguard the protected interests of SeneGence prior to, during, or following any arbitration or other proceeding.
Exception for Small Claims. If the amount of a Claim is within the small claims court’s jurisdiction (a “Small Claim”), Kiss & Tell Customer or SeneGence may bring such Claim in small claims court. Kiss & Tell Customer and SeneGence do not have to arbitrate a Small Claim that is filed in small claims court. Kiss & Tell Customer or SeneGence may appeal the small claims court’s judgment according to the law. However, if Kiss & Tell Customer or SeneGence brings any counterclaim or cross-claim that is for more than the small claims court’s jurisdiction, the entire Claim (including the counterclaim or cross-claim) must, if Kiss & Tell Customer or SeneGence choose, be resolved by arbitration.
Arbitration Organization. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. Judgment on the Award may be entered in any court having jurisdiction. This Arbitration Agreement shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The parties agree and understand that the arbitrator shall have all powers provided by law and this Arbitration Agreement. The arbitrator shall be a retired judge with business transaction expertise, preferably experienced in the direct selling industry. The decision of the arbitrator shall be final and binding upon the parties and may be reduced to a judgment in any court of competent jurisdiction. If JAMS cannot or will not serve, and Kiss & Tell Customer and SeneGence cannot agree to another arbitration organization, the court will appoint one.
Law and Proceedings. The Federal Arbitration Act, 9 United States Code §§ 1, et seq. (the “Act”) will govern this Arbitration Agreement. Contact the arbitration organization for instructions on how to file a case. The arbitrator must apply the substantive law, privileges and the statutes of limitations that would apply in a court action. The arbitrator will have no authority to grant class action or representative relief. The arbitrator's award will be final and binding, except for the limited right to appeal in the Act.
Severability and Continuation. If the court finds that any part of this Arbitration Agreement other than the Class Action Waiver cannot be enforced, the rest of this Arbitration Agreement will be enforced. If the court finds that the Class Action Waiver cannot be enforced, this entire Arbitration Agreement (except for this sentence) will be unenforceable with respect to the class action or representative claims. In no event will a class action or representative claim, or a claim for public injunctive relief, be arbitrated. This Arbitration Agreement will remain in effect even after a Kiss & Tell Customer account ends or terminates.
*Arbitration Opt Out Procedure. If Kiss & Tell Customer does not want to resolve Claims through arbitration, Kiss & Tell Customer can opt out of this Arbitration Agreement. To do so, send SeneGence a notice at SeneGence International, 19651 Alter, Foothill Ranch, CA 92610 attn: Legal Department, within 60 calendar days after the date of Kiss & Tell Customer’s online application of a Kiss & Tell Customer account. Such Notice must include Kiss & Tell Customer’s name, address, phone number and email address and state that you want to opt out of this Arbitration Agreement. This is the only way Kiss & Tell Customer can opt out of this Arbitration Agreement. Kiss & Tell Customer’s opt out will not affect any other provisions of these Official Rules.
Confidentiality. The parties shall maintain the confidential nature of the arbitration proceeding and the award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
7. LIMITATION OF DAMAGES.
To the extent permitted by law, SeneGence and its subsidiaries, affiliates, shareholders, directors, officers, attorneys, employees, agents, consultants and other representatives shall not be liable for, and Kiss & Tell Customer hereby releases the foregoing from, and waives all claims for any loss of profits or incidental, indirect, special, exemplary, or consequential damages which may arise out of any claim whatsoever, whether sounding in contract, tort, or strict liability. Furthermore, it is agreed that any damage resulting to Kiss & Tell Customer shall not exceed and is hereby limited to the amount of SeneGence product purchased from SeneGence in the twelve (12) months prior to the time of any award of such damages.
8. INDEMNITY AGREEMENT.
Each and every Kiss & Tell Customer agrees to indemnify and hold harmless SeneGence and its subsidiaries, affiliates, and their shareholders, directors, officers, attorneys, employees, agents, consultants and other representatives from and against any claim, demand, liability, loss, cost, or expense it may incur, including but not limited to attorneys’ fees and court costs, arising or alleged to have arisen, in connection with or related to, allegedly or otherwise, that Kiss & Tell Customer’s: (a) account; (b) a breach of these Official Rules; or (c) a violation of or a failure to comply with any applicable federal, state or local law or regulation.
9. ENTIRE AGREEMENT.
These Official Rules, as they may be amended and/or revised at any time, at SeneGence’s sole discretion, constitute the entire agreement of the parties regarding their business relationship.
10. OTHER AGREEMENTS.
Kiss & Tell Customer acknowledges and agrees that entering into the Kiss & Tell Customer program does not violate or breach any other agreements the Kiss & Tell Customer may have with any other person or entity.
11. NO THIRD PARTIES.
These Official Rules, as agreed to by each individual Kiss & Tell Customer, are for the sole benefit of that specific Kiss & Tell Customer and SeneGence, and nothing therein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever, under or by reason of the terms therein.
12. WAIVER AND SEVERABILITY.
No waiver by SeneGence of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the President or an authorized member of the Legal Department. Except as otherwise set forth in these Official Rules no failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from these Official Rules shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. If any term or provision of these Official Rules are invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Official Rules or invalidate or render unenforceable such term or provision in any other jurisdiction.
13. ATTORNEYS’ FEES AND COSTS.
If any legal action (including arbitration) is necessary to enforce or interpret the terms of these Official Rules, or otherwise resolve any dispute between the parties, the prevailing party shall be entitled to recoup its costs of the legal action (including arbitration) and reasonable attorneys’ fees to the extent permitted under California law.
14. GOVERNING LAW, INTERPRETATION AND VENUE.
These Official Rules shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws provisions; and the only venue in which any claim arising out of these Official Rules may be brought shall be the County of Orange in the State of California (whether in court or by arbitration.
15. EMAIL NOTICE.
Any communication, notice, or demand of any kind whatsoever by SeneGence to any Kiss & Tell Customer concerning these Official Rules or their account shall be in writing and delivered by email to Kiss & Tell Customer at the email address in the Kiss & Tell Customer’s records and profile maintained in their account. It shall be the responsibility of each Kiss & Tell Customer to ensure that the email address is up to date and that spam and filtering software does not prevent SeneGence’s emails from being received. Should the Kiss & Tell Customer fail to so maintain their email address and availability, SeneGence may communicate with him or her in any commercially reasonable manner. However any communication sent by SeneGence to the email address on record for the Kiss & Tell Customer shall be deemed to have been received. Either party may change its address by written notice given to the other party. Kiss & Tell Customer, by virtue of his or her participation in the Kiss & Tell Customer Program, irrevocably grants to SeneGence and to his or her assigned SeneGence Independent Distributor, the right to communicate to him or her via email, telephone, or any other common method of commercial communication, without regard to ‘anti-spam’, ‘do not call’ or other similar regulations, whether based in federal, state, local or international law. The Kiss & Tell Customer has the right to ‘opt-out’ of said communications by providing notice to legal@senegence.com and following the steps as provided in the SeneGence Privacy Policy located at: https://web.senegence.com/en_us/privacy-policy.
16. RIGHT TO AMEND.
In order to maintain a current and viable business, SeneGence reserves, and shall have the right to amend, delete, replace, revise, or otherwise modify these Official Rules and/or any aspect of the Kiss & Tell Customer Program at any time, in its sole discretion. In addition, SeneGence reserves, and shall have, the right to change at any time its wholesale or suggested retail prices, product availability, and product formulation and other business processes as it deems appropriate. All amendments and future revisions to these Official Rules and/or any aspect of the Kiss & Tell Customer Program shall become binding on all Kiss & Tell Customers thirty (30) days after publication and shall operate prospectively (i.e. shall apply to conduct arising after such amendments and revisions become binding). Publication may be accomplished through any of the following methods: (1) posting on the SeneGence website, (2) printing in the SeneGence Newsletter, (3) delivery by email, or (4) delivery by regular U.S. Mail. In the event of any conflict between these Official Rules and/or any aspect of the Kiss & Tell Customer Program and any amendment to either, the amendment shall control.
