Gift Certificates are redeemable on Hydrafacial.store for select items. Gift Certificates cannot be exchanged for cash, and any remaining balance will not be refunded. We will not replace lost or stolen certificates. Each Gift Certificate is valid for one (1) year from the date of issuance. Additional terms and restrictions may apply. HydraFacial LLC reserves the right to change the terms of Gift Certificates at any time without notice.

1. General;   Entire Agreement/ No Alternate Terms. These are the Terms and Conditions (“Terms and Conditions”) pursuant to which HydraFacial LLC (“HF”), a division of The Beauty Health Company, is selling / supplying to you (the “Customer”), certain goods for use with HF’s proprietary devices (such goods, which include – without limitation – HF’s tips, cartridges, solutions, and serums, which are referred to herein as the “Products”).

These Terms and Conditions incorporate or include (where relevant) any other terms and conditions set out in price lists or quotations issued by HF. Any and all price lists or quotations issued by HF shall form part of these Terms and Conditions and such price lists or quotations shall be conditional upon or subject to these Terms and Conditions. In addition, Customer’s submission of an order for Product(s) that is received by HF shall be deemed an acceptance of and agreement to these Terms and Conditions.

These Terms and Conditions (along with any other terms and conditions set out in price lists or quotations issued by HF) represent the entire agreement between the parties for Customer’s respective order of Products. Any terms and conditions of any other document for the purchase of Products which conflict with these Terms and Conditions (including any terms and conditions incorporated by reference in such document) shall be null and void, have no effect, and be superseded with the terms set forth in these Terms and Conditions. Any additional documentation (such as a ‘Purchase Order’/’PO’ or online store order form) shall specify only: (A) the Products Customer is purchasing (by SKU and quantity); (B) the price for such Products; (C) the shipping destination and anticipated delivery dates for such Products; and (D) Customer’s “bill to” and “ship to” address. In the event that Customer submits a quote or purchase order for Products, any and all terms and/or conditions in such document, including any terms and conditions incorporated by reference in such document (“Customer’s Presented Terms”), except the “bill to” and “ship to” address, and – if accurate – the name and identity, quantity, and price/fees of the Products ordered) shall be void and have no effect (regardless of whether or not such document is signed by HF). Customer’s Presented Terms are hereby deemed to be material alterations, and notice of objection to which is hereby given, notwithstanding anything to the contrary contained within such documentation.

2. Order Acceptance.  Customer is solely responsible for ensuring that its order for Product(s) is complete and accurate. Without any prejudice to HF’s right not to accept an order for Product(s), quotations for Product(s) issued by HF to Customer will only be valid for 30 days from the date of issue of such quote. HF’s acceptance of Customer’s order for Product(s) (which will occur in HF’s sole discretion) takes place when HF (A) sends Customer a written quotation or invoice, (B) accepts Customer’s order for Product(s) on HF’s online sales platform, and/or (C) signs a purchase order form for the Product(s), at which point these Terms and Conditions between HF and Customer will take effect. For the sake of clarity, it is again noted that any Customer’s Presented Terms are null, void, and shall have no force or effect.

2. Pricing & Payment Terms.

A.  General.  The price of the Product(s) will be set out in HF’s price list in force as of the date of the quotation or invoice (or on HF’s online webstore). All prices are subject to change without notice and are not guaranteed, and HF reserves the right to update its price list from time to time in its sole and absolute discretion; provided that prices for an order of Product(s) that has already been accepted and confirmed by HF are not subject to change.

B. Purchase Orders  Unless otherwise agreed in writing signed by both HF and Customer, and notwithstanding anything to the contrary set forth in Customer’s purchase order, all orders for Product(s) set out in a purchase order form shall be payable in full by Customer on a ‘Net 30’ basis from the date Customer receives the respective invoice from HF for such Product(s).

C. Online/Webstore Payment for Product(s) ordered through HF’s online webstore shall be due at the time of order and shall be made via credit card. In the event Customer is an eligible member in good standing and a current participant in HF’s loyalty rewards program, Customer may, subject to HF’s records and depending on the Product(s) being purchased, offset some or all of the amount due for such Product(s) with rewards points and/or account credits that HF has issued to Customer in Customer’s online account with HF. Customer will be directed to a secure payment provider website to complete its payment details. Once Customer has completed its payment details on the payment page, Customer will be taken to the confirmation page. Please note that Customer’s bank may ask for additional validation before completing the online ordering process.

D. Late Payments;  Penalities for Late Payments.  If any amount that Customer owes to HF is not paid on or before the due date for such payment, and/or if Customer has any outstanding balance owed to HF for more than forty-five (45) days, then all such amounts shall become due and payable immediately, and HF will also be entitled to:

4. Taxes. HF’s and Customer’s respective responsibilities for taxes arising under or in connection with the Product(s) shall be as follows:

A. Respective Taxes.  Each party shall be responsible for any of its own personal property taxes on property it owns or leases, for franchise and privilege taxes on its business, and for taxes based on its net income or gross receipts.

B. Taxes in General.

5. Shipping Terms; Acceptance; Risk of Loss; Title.  HF will use its best efforts to deliver the Product(s) ordered by Customer to the specified delivery address by the delivery date set out in such respective order (and, if a delivery date is not specified in the order, HF will use its best efforts to deliver the Product(s) within a reasonable time). The delivery date is intended to be an estimate only and time for delivery shall not be of the essence.

HF will coordinate and handle the shipping logistics to ensure that the Product(s) gets delivered to Customer. Nonetheless, the Product(s) will be deemed to be delivered to Customer via Incoterm Ex-Works, and the risk of loss and title to the Product(s) will transfer to Customer upon shipment of such Product(s).
If, for some reason, Customer rejects delivery of the Product(s) upon receipt, Customer shall notify HF (directly) immediately

6. Force Majeure.  HF will not be liable or responsible for any failure to perform - and HF reserves the right to delay the performance of, defer the date of delivery, cancel Customer’s order for Product(s), or reduce the volume of the Product(s) ordered by Customer - if HF is prevented from or delayed in the carrying on of its business due to acts, events, or circumstances beyond the reasonable control of HF (including, without limitation, acts of God, governmental actions (including embargo restrictions and tax restrictions), war or national emergency, acts of terrorism, protests, riots, civil commotion, fire, explosion, flood, epidemics, pandemics, lock-outs, strikes or other labor disputes, or restraints or delays affecting carriers or the inability or delay in obtaining supplies of adequate or suitable materials) (each, a “Force Majeure Event”).

If a Force Majeure Event takes place that affects HF’s performance, HF will contact Customer as soon as reasonably possible to notify Customer of such Force Majeure Event, and HF’s obligations with respect to the affected Product(s) will be suspended and the time for performance of HF’s obligations will be extended for the duration of the Force Majeure Event.

Customer may, with notice properly delivered to HF in writing, cancel any order that is impacted by a Force Majeure Event where HF’s performance has not occurred within 90 consecutive days due to such events.

7. Limited Warranties; Disclaimers. HF warrants that, on delivery, the Product(s) that Customer ordered will conform in all material respects with its description and any applicable specification (the “Limited Warranty”). Notwithstanding the foregoing, HF will not be liable for a breach of this Limited Warranty in the event that: (i) Customer makes any further use of Product(s) that Customer believes are damaged or non-conforming; (ii) Customer alters or repairs the Product(s) without HF’s prior, written consent; or (iii) a defect in the Product(s) arises as a result of ordinary wear and tear, willful damage to the Product(s) caused by Customer or its negligence, and/or damage to the Product(s) caused by Customer’s negligence or abnormal storage conditions.

If Customer gives HF prompt, written notice that some or all of the Product(s) Customer received do not comply with the Limited Warranty set out above, HF will (i) first, have Customer return the Product(s) back to HF at Customer’s cost and expense, and (ii) second, if HF - in its sole discretion - determines that the Products are found to be defective, HF, at its own cost and expense, will replace the defective Product(s) and refund the reasonable costs incurred by Customer in returning the Product(s) to HF.

Other than the Limited Warranty set forth above, the Products are being provided to Customer on an “AS IS, WHERE IS" basis. Except as expressly stated in these Terms and Conditions, HF does not give any representations, warranties, or undertakings in relation to the Product(s), and any representation, condition, or warranty which might be implied or incorporated into these Terms and Conditions by statute, common law, or otherwise is excluded to the fullest extent permitted by law.

8. Limitation of Liability.  EXCEPT AS SET FORTH IN THESE TERMS AND CONDITIONS, IN NO EVENT WILL EITHER PARTY’S LIABILITY ARISING OUT OF OR RELATED TO THE ORDER FOR PRODUCT(S) TO WHICH IT RELATES (INCLUDING ANY USE OF SUCH PRODUCT(S) OR HF BEING UNABLE TO DELIVER THE PRODUCT(S) TO CUSTOMER OR COMPLETE THE REQUIRED WORK BY ANY DUE DATE SPECIFIED BY CUSTOMER), WHETHER BASED ON ANY SINGLE INCIDENT OR IN THE AGGREGATE, EXCEED THE TOTAL AMOUNT THAT CUSTOMER PAID FOR THE PRODUCT(S). IN NO EVENT WILL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY, AND/OR BE RESPONSIBLE FOR DAMAGES OF THE OTHER PARTY, FOR ANY LOST PROFITS, LOST REVENUES, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, OR PUNITIVE DAMAGES. THE ABOVE LIMITATIONS WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE FOREGOING LIMITATIONS DO NOT APPLY IN (A) THE EVENT OF FRAUD OR GROSS NEGLIGENCE BY HF OF ITS EXPRESS DUTIES IN THESE TERMS AND CONDITIONS, AND/OR (B) ANY INTENTIONAL BREACH BY CUSTOMER WITH RESPECT TO ANY MISAPPROPRIATION OF HF’S PROPRIETARY AND/OR INTELLECTUAL PROPERTY.

THIS SECTION 8 SHALL ALSO APPLY TO ANY REPAIRED AND/OR REPLACEMENT PRODUCT(S) SUPPLIED TO CUSTOMER BY HF.

9. Use of Product(s) & Certain IP Matters.  Customer agrees to only use the Products in the manner directed by each Product’s respective instructions and for each Product’s respective, intended purpose (notably, in conjunction with proprietary HF equipment/device(s) for which they were designed).

Customer acknowledges that it is receiving the Product(s) only, and that Customer is not receiving nor granted any rights to the trade secrets and/or intellectual property in such Product(s), and all of HF’s intellectual property rights are unaffected by Customer’s purchase of such Product(s). Further thereto, Customer agrees not to attempt - at any time - to copy, modify, reverse engineer, or otherwise usurp HF’s proprietary Product(s) and/or otherwise interfere with HF’s intellectual property rights in and to such Product(s) (and/or HF’s proprietary equipment and device(s)).

10. Miscellaneous.

Our Provider Rewards Program

HydraFacial LLC (“HydraFacial,” “we” or “us”) hereby provides the terms and conditions (the “Terms and Conditions”) governing our Provider Rewards Program (the “Program”). These Terms and Conditions establish an agreement that is binding on all participants in the Program. The Program provides eligible Members (as defined below) with the ability to obtain purchase discounts and other benefits (collectively, the “Rewards”) by purchasing eligible Hydrafacial consumable products (the “HF Eligible Products”) and/or eligible SkinStylus consumable products (the “SS Eligible Products”, and collectively with the HF Eligible Products, the “Eligible Products”).

These full Terms and Conditions can be found here or by sending a request to:

Agreement to Terms and Conditions

Participation in the Program constitutes participant’s full and unconditional agreement to and acceptance of these Terms and Conditions and the decisions of HydraFacial in administering the Program, which are final and binding. You also agree to review these Terms and Conditions periodically and shall be bound by any modifications thereto. If you do not accept these Terms and Conditions, or any subsequent modifications, your sole and exclusive remedy is to end your membership in the Program. You may cancel your membership in the Program at any time by emailing us at: loyalty@hydrafacial.com, or by giving us a call at: 800-603-4996.

The Program is void where prohibited by law. Membership in and benefits to the Program are offered at the sole discretion of HydraFacial. Furthermore, if we determine in our sole discretion that you have violated these Terms and Conditions or any other agreement you have with us, including but not limited to your product license agreement, we may in our sole discretion and as permitted by law, terminate your account and eliminate any pending, current, or future Rewards balance you may have. We will notify you of such termination using the contact information you have provided or that may be associated with your Program account, and such termination may be effective immediately. 

Eligibility for the Program

Participation in the Program is limited to HydraFacial provider customers located in the United States of America and/or Canada who agree to these Terms and Conditions and participate in the Program (hereinafter, “Members”). Only one Program account may be created per business location. HydraFacial provider customers that share a corporate relationship but have separate locations and separate business ID numbers may be considered separate Members. There are no fees or charges to become a Member of the Program.

Modifications to the Program

We reserve the right, in our sole discretion, to limit, suspend, cancel, discontinue, terminate, change, amend or modify the Program and these Terms and Conditions, any related FAQs, or any related policies in whole or in part, at any time and without notice to Members (including, but not limited to, our right to expire Rewards if these Terms and Conditions as stated herein are not met by the Member, adjust the amount of Rewards earned for each dollar in purchases made on a going-forward basis, determining what constitutes an Eligible Product, or modify Rewards levels or Rewards benefits) by posting such amended terms to our website.  

Your continued participation in the Program means that you accept and agree to the amended terms.  We reserve the right, in our sole discretion, to designate, develop or select eligible offers for particular products and for particular periods of time. Any questions relating to whether a particular offer remains in effect or is eligible for recognition in the Program will be resolved by HydraFacial in its sole discretion.

Transfer of Program Rewards

Any accumulated Rewards balances are personal to your Program account and may not be sold, transferred, assigned, shared, or used by you for any purpose other than as permitted by these Terms and Conditions. Under no circumstances may Rewards balances be combined between Program accounts.

How the Program Works; Rewards Tiers; Expiration 

Members enroll in the Program upon activation of an account in the HydraFacial online store available at www.hydrafacial.store (the “Online Store”). Once enrolled, Members can earn Rewards by purchasing Eligible Products using their account credentials. Eligible Products are limited to HydraFacial consumable products and SkinStylus consumable products available in the HydraFacial Online Store. Products not available for purchase in the Online Store are not considered Eligible Products for purposes of the Program. The determination of what constitutes an Eligible Product is made by HydraFacial in its sole discretion and is subject to change at any time.

The number, level, and types of Rewards earned by each Member in the Program depends on the amount the Member spends on Eligible Products (in US dollars) in a calendar year (i.e., January 1 – December 31). The Program’s tier levels, calculations, and Rewards offered therein are shown below. HydraFacial may refuse to award or eliminate Rewards for Eligible Products that are returned by the Member and refunded by HydraFacial in HydraFacial’s sole discretion.

(1) Based on average shop discounts.
(2) Silver Circle Members receive a discounted price of up to 5% on HydraTreatment Packs. Silver Circle Members do not receive discounted prices on any other Eligible Products. Members located in Canada will receive the applicable shop discount percentage on a converted basis expressed in CAD
(3) 1 point = $1 Rewards Value. For Members located in Canada, 1 point = CAD$1 Rewards Value.
(4) Brand new or Silver Circle Members that are in HydraFacial’s 1 Year Promise Ring (“Promise Ring”) receive support from a Business Development Manager (a “New Silver Circle Member”).
(5) Members that purchase SS Eligible Products will not earn Rewards Points for such purchase. Instead, purchases of SS Eligible Products will only count towards a Member’s Annual Spend Threshold for the applicable calendar year.
(6) All dollar amounts and examples are expressed in United States Dollars (“USD”) unless indicated otherwise.
(7) Annual Spend Threshold for each tier level for Members located in Canada would be the equivalent of the applicable, converted Annual Spend Threshold for Members located in the United States of America as expressed in Canadian Dollars (“CAD”). By way of example, assuming a currency exchange rate of CAD$1.35 to USD$1.00 (and such exchange rate shall be calculated on a per transaction basis), a Member located in Canada must spend at least CAD$1,350 to achieve Silver Circle status, and CAD$1,350 – CAD$14,848.65 to maintain Silver Circle status, at least CAD$14,850 – CAD$30,373.65 to maintain White Star status, and at least CAD$30,375 or more to maintain Black Diamond status.

Tier Level & Annual Spend Threshold

• Silver Circle Tier: A Member must spend at least $1,000 on Eligible Products in a calendar year to achieve Silver Circle Tier status (the “Minimum Annual Amount”). Members remain in the Silver Circle Tier status by spending $1,000 - $10,999 on Eligible Products in a calendar year (“Silver Circle Member”). If a Member does not spend the Minimum Annual Amount during the calendar year, such Member will not be eligible to participate in the Program nor receive any benefits or Rewards for the following year. As a result, such Member must then purchase HydraTreatment Packs at regular price and will not receive Rewards Points for such purchase.See Footnote 7 above for more information regarding Annual Spend Threshold requirements for Members located in Canada.

• White Star Tier: Members who spend $11,000 – $22,499 on Eligible Products in a calendar year achieve White Star Tier status for the remainder of the current calendar year and for the following calendar year (“White Star Member”). See Footnote 7 above for more information regarding Annual Spend Threshold requirements for Members located in Canada.

• Black Diamond Tier: Members who spend $22,500 or more on Eligible Products in a calendar year achieve Black Diamond Tier status for the remainder of the current calendar year and for the following calendar year (“Black Diamond Member”).   See Footnote 7 above for more information regarding Annual Spend Threshold requirements for Members located in Canada.

Tier levels are assessed annually on December 31st of each year (the “Assessment Date”). Each Member’s annual spending on Eligible Products in a given year will determine their tier level for the remainder of that calendar year and for the following year. Furthermore, purchases of SS Eligible Products will only count towards a Member’s Annual Spend Threshold for the applicable calendar year, and not towards earning Rewards Points. For example, a Member who purchases $10,000 of HF Eligible Products and $5,000 of SS Eligible Products will only be eligible to receive Rewards Points based on the $10,000 purchase of HF Eligible Products, but will be credited as having spent $15,000 to count towards the Member’s Annual Spend Threshold for the applicable calendar year. By way of another example, a Member who spends $26,000 on Eligible Products between January 1, 2023 and June 31, 2023 will achieve Black Diamond Tier status from July through December 2023, and for calendar year 2024.

Annual spending amounts reset January 1 each year. For example, a Member who achieved Black Diamond Tier status for calendar year 2023 would need to spend $22,500 or more on Eligible Products between January 1, 2023 and December 31, 2023 to maintain Black Diamond Tier status for 2024.

Please note that tier spending thresholds and other details regarding the Program may change from time to time; it is your responsibility to check these Terms and Conditions frequently and familiarize yourself with the current terms of the Program.    

Shop Discounts

• Silver Circle Tier: Silver Circle Members may purchase HydraTreatment Packs on the Online Store at a discount of up to 5%. See Footnote 2 above for more information regarding Shop Discounts for Members located in Canada.

• White Star Tier: White Star Members may purchase HF Eligible Products on the Online Store at an average discounted price of approximately 10%. See Footnote 2 above for more information regarding Shop Discounts for Members located in Canada.

• Black Diamond Tier: Black Diamond Members may purchase HF Eligible Products on the Online Store at an average discounted price of approximately 15%.  See Footnote 2 above for more information regarding Shop Discounts for Members located in Canada.

HydraFacial currently does not allow its Members a discount on purchases of SS Eligible Products.

Rewards Points

• Silver Circle Tier: Silver Circle Members accumulate rewards points (“Rewards Points”) worth 1% of total purchases of HF Eligible Products that can be applied as discounts towards future purchases in the Online Store or other benefits. See Footnote 3 above for more information regarding Rewards Points and its related value for Members located in Canada.

• White Star Tier: White Star Members accumulate Rewards Points worth 1.5% of total purchases of HF Eligible Products that can be applied as discounts towards future purchases in the Online Store or other benefits.   See Footnote 3 above for more information regarding Rewards Points and its related value for Members located in Canada.

• Black Diamond Tier: Black Diamond Members accumulate Rewards Points worth 2% of total purchases of HF Eligible Products that can be applied as discounts towards future purchases in the Online Store or other benefits.   . See Footnote 3 above for more information regarding Rewards Points and its related value for Members located in Canada.

HydraFacial currently does not allow its Members to earn Rewards Points for purchases of SS Eligible Products. However, Members may be able to redeem Rewards Points towards future purchases of all Eligible Products, which includes SS Eligible Products.

As an example of a Member making purchases in the United States of America, if the current price of a HydraTreatment Pack is $535 per pack, Silver Circle Members who purchase such item for $510 (after applying the applicable, average shop discount) will also receive 5.1 Rewards Points for such purchase; White Star Members who purchase such item for $465 (after applying the applicable, average shop discount) will also receive 6.975 Rewards Points for such purchase; and Black Diamond Members who purchase such item for $390 (after applying the applicable, average shop discount) will also receive 7.8 Rewards Points for such purchase.  

To redeem Rewards Points, Members can follow the instructions on the Online Store checkout.  The value of the Rewards Points (whether in USD or CAD, as applicable) will be applied against the pre-tax purchase amount (i.e.: excluding taxes, fees, and shipping and handling charges) taken on the Eligible Product by tier (i.e.: not on the full cart upon checkout). Members will be responsible for paying all taxes, fees and shipping and handling charges. Rewards Points may not be used to purchase gift cards or applied towards any shipping or handling charges, taxes, or other fees. Rewards Points are not redeemable for cash or cash equivalent and may not be applied towards previous purchases. Furthermore, Rewards Points applied and/or redeemed towards the purchase of Eligible Products shall not contribute to such Member’s total annual spend amount during the calendar year. For example, if a Member in the United States of America purchases $5,000 worth of Eligible Products but applies 500 Rewards Points against such amount, such Member will only get credit for spending $4,500 for purposes of calculating the Member’s total annual spend amount during the calendar year.

HydraFacial reserves the right to modify expiration dates for Program Rewards balances by updating these Terms and Conditions and/or upon advance notice to Program Members.

Any and all Rewards Points may not be sold, transferred, assigned, shared, or used by you for any purpose other than as permitted by these Terms and Conditions. Under no circumstances may Rewards Points be combined with other Rewards, if any. Rewards Points may not be redeemed for an amount greater than the total purchase. Once a Reward Point has been redeemed, it will not be refundable or reissued and no credit for a Reward Point will be issued for any reason.

Ongoing Support

• Silver Circle Tier: Silver Circle Members receive internal support from HydraFacial’s Internal Business Development Manager. New Silver Circle Members, on the other hand, receive support from Business Development Managers for a period of 12 months. In the event that a New Silver Circle Member is not eligible to become a White Star Member or Black Diamond Member for the following calendar year by the Assessment Date, such Member shall revert to receiving internal support from HydraFacial’s Internal Business Development Manager only.

• White Star Tier: White Star Members receive support from HydraFacial’s Business Development Managers. 

• Black Diamond Tier: Black Diamond Members receive support from HydraFacial’s Business Development Managers.  

Internal Business Development Managers provide Silver Circle Members with virtual trainings and give refreshers on techniques, products, and other various topics. Business Development Managers, on the other hand, provide White Star Members, Black Diamond Members, and New Silver Circle Members with certain levels of field support depending on the Member’s tier status.   

Expiration

             Historical Rewards Earned Prior to December 31, 2021.

Rewards accumulated on or before December 31, 2021 will expire on December 31, 2022. 

            Rewards Earned Starting on and After January 1, 2022.

For Members located in the United States only, starting January 1, 2022, all Rewards earned will expire exactly one (1) year after accrual if not redeemed. By way of example, if a Member purchases HF Eligible Products on February 1, 2023, and earns 10 Rewards Points from that transaction, the 10 Rewards Points will expire on February 1, 2024 if the Member has not redeemed them by such date.

Checking Your Rewards

You can check your Rewards balance by logging into your Online Store account. HydraFacial will attempt to credit accounts with Rewards on a timely basis. Rewards may take approximately 72 hours to be added to your account after an item has been shipped. Any claim for Rewards not credited accurately must be reported to HydraFacial within 40 days from the date of the claimed accrual of such Reward. HydraFacial shall have no liability for any failure, delay or error in crediting Rewards to your account. 

General Terms

No interest is paid on Rewards subject to applicable laws. Reward balances are not your property, and you have no property rights or other legal interest in the Rewards. All Rewards remain the sole property of HydraFacial until redeemed. Your Rewards balance or any part of it is not transferable, cannot be brokered, bartered, or sold, and cannot be divided as part of a settlement, legal proceeding or death, and cannot be combined with Rewards of any other Member or participant in the Program. 

Termination

The Program has no fixed termination date. However, we reserve the right to terminate or modify the Program, rewards, and benefits at any time and for any reason. If you ever cancel your account, it will be your responsibility to redeem your Rewards balance before canceling if desired. If you do not redeem your balance before canceling your account, any Rewards balance in your account may, subject to applicable laws, expire upon such cancellation. In the event we terminate the Program, any accumulated Rewards and benefits may expire on the effective date of such termination.

If a Member’s account has had no purchase (i.e. earn Rewards) or Redemption activity during the immediately preceding eighteen (18) months (“Inactive Accounts”), HydraFacial reserves the right to cancel the account, provided that HydraFacial first sends a notice of inactivity to the Member for such impending cancellation and potential expiration of the Member’s Rewards balance at least thirty (30), but no more than sixty (60), days before the date of such cancellation. At such time of cancellation, any accumulated Rewards balance will expire. However, if a Member’s account is terminated for inactivity, the Member may re-enroll in the Program, but previously earned Rewards will not be credited and the Member will start with a balance of zero Rewards.   

We reserve the right to modify, terminate or suspend membership or accumulated Rewards due to error, fraud, misuse and/or manipulation using technology or otherwise. You must provide and maintain the accuracy, currency, and completeness of your personal information to maintain your eligibility or HydraFacial reserves the right to suspend, terminate or refuse your current or future membership in the Program. 

HydraFacial’s interpretation or application of these Terms and Conditions of the Program and Rewards shall be binding on current and former Members if your account is canceled by HydraFacial or you.

Participation in MyBeautyHealth Consumer Rewards Program

Certain Members who participate in this Program may also opt into the MyBeautyHealth Rewards Program (the “Consumer Rewards Program”) described here. Not all Members will be eligible to participate in the Consumer Rewards Program, and HydraFacial has full discretion to include or exclude Members from participating in the Consumer Rewards Program. HydraFacial may also unenroll any Member at any time if they are no longer eligible for participation in the Consumer Rewards Program, or if HydraFacial designates such Member’s account as a “Diva” account (i.e.: a Member that has breached the terms and conditions of an agreement that it has with HydraFacial such these Terms and Conditions, License Agreement, etc.).

Certain rewards offered to consumers under the Consumer Rewards Program are redeemable for discounts on certain hydrafacial treatments (“Discount Rewards”). Currently, Discount Rewards can only be redeemed for hydrafacial, facial treatments (a “Facial Treatment”) and cannot be redeemed for any non-facial treatments (e.g., body, scalp, neck, and/or hand treatment) (a “Non-Facial Treatment”). Members are fully responsible for the Discount Reward redemption process, including confirming that the consumer’s treatment is eligible for a Discount Reward at checkout. HydraFacial is not responsible for and will not reimburse Members for Discount Rewards that are applied by Members to Non-Facial Treatments. For the avoidance of doubt, HydraFacial does not consider the application of a Discount Reward to a consumer transaction as a violation of its Minimum Advertised Pricing Policy(“MAPP”), as long as the retail price (the price before the Discount Reward was applied) was in compliance with the MAPP.

When a Consumer redeems a Discount Reward (based in value in USD, or the CAD equivalent of such amount in USD, as applicable) at a participating Member location through the Consumer Rewards Program, the Member will be reimbursed within seven (7) days for that Discount Reward by having Rewards Points deposited into their Program account (the “Reimbursed Points”). Once deposited, these Reimbursed Points will be treated as identical to the other Rewards Points described in these Terms and Conditions, including with respect to expiration and redemption. However, these deposited Reimbursed Points will NOT count as consumable purchases towards the Member’s Annual Spend Threshold or tier level increases as described above.

There is currently no limit on the number of Reimbursed Points that a Member can receive in this way. However, Members will only be allowed to permit a consumer to be able to redeem their Discount Reward for a Facial Treatment, andthus, recieve the corresponding Reimbursed point into their program account for such Facial Treatment no more than once every seven(7) days. Furthermore, Members who participate in the Consumer Rewards Program agree and acknowledge that it will be considered fraudulent and a violation of these Terms and Conditions for a Member to create, or assist in the creation of, illegitimate Consumer Rewards Program accounts, or to redeem Discount Rewards by any illegitimate means whatsoever. Members acknowledge and understand that only one (1) Consumer Rewards Program account may be created per customer, and that any email or phone number used to create a Consumer Rewards Program must be tied to a legitimate, verifiable HydraFacial customer. It will be considered fraudulent and a violation of these Terms and Conditions to assist or engage in the accumulation or redemption of Rewards Points, Reimbursed Points, and/or Discount Rewards by fraudulent means, such as creating, using, or sharing phone numbers or email addresses that are not tied to legitimate HydraFacial customers. HydraFacial has the right to audit and/or request substantiation of any reimbursements at any time if it is suspected that a Member has violated these Terms and Conditions.

Any Member who is found to engage in any of the behaviors described in this Section is subject to such penalties and sanctions as HydraFacial may deem appropriate, including without limitation having their Program account suspended or terminated, or having their accumulated Rewards under this Program modified, suspended, and/or eliminated.

Taxes

You agree that you are solely responsible for all applicable federal, state, or provincial withholding, taxes, and government fees or costs associated with Rewards balances, transfers, and redemptions.

Unclaimed Property

If required under applicable state unclaimed property laws due to non-redemption of your Rewards balance over time, we may transfer, report, or convey your Rewards balance to a state agency. You should therefore redeem your Rewards balance on a regular, continuing basis. We take no responsibility for any loss of Rewards balances due to unclaimed property laws.

Privacy

HydraFacial respects the privacy of its Members. Personal information collected through the Program (i.e.: information from your profile settings for data collection and marketing efforts, and purchase history, amongst other things) is governed by HydraFacial’s Privacy Policy. A full copy of HydraFacial’s Privacy Policy, including the information that we collect and how we use such infomration is available here. 

Disclaimers

HydraFacial shall not be responsible for software defects or computer malfunctions or telecommunications failures that affect the operation of the Program. Likewise, we shall not be responsible for incorrect or inaccurate entry information, whether caused by participants or by any of the software or equipment used in administering the Program. HydraFacial assumes no responsibility or liability for any error, omission, interruption, deletion, loss, theft or destruction, of account balance information or other membership information.

We disclaim all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to (a) any errors in or omissions in administering the Program or related websites, including but not limited to technical inaccuracies and typographical errors, (b) any third party websites or content therein directly or indirectly accessed through links in these sites, including but not limited to any errors in or omissions therefrom, (c) the unavailability of these sites or any portion thereof, (d) your use of these sites, or (e) your use of any equipment or software in connection with these sites.

All stated amounts in these Terms and Conditions are in USD unless indicated otherwise. For Members located in Canada, the applicable exchange rate for all such stated amounts applies.

Limitation of Liability

YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOUR PARTICIPATION AND USE OF THIS PROGRAM IS AT YOUR OWN RISK.  TO THE FULLEST EXTENT PROVIDED UNDER APPLICABLE LAW, HYDRAFACIAL SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THIS PROGRAM.

Governing Laws in Case of Dispute; Jurisdiction

Any action arising out of the Program, including but not limited to a breach of these Terms and Conditions, shall be brought before the federal or local courts presiding in Los Angeles California, United States, whichever is appropriate, and to whose jurisdiction you consent in such an action. The applicable law in such an action will be the law of the State of California, applicable to contracts entered into and to be wholly performed therein without regard to conflict of laws or choice of law principles. 

Class Action Waiver

In any dispute regarding the Program, YOU AGREE THAT NEITHER YOU NOR WE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER USERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The forum hearing the dispute may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. 

Headings

The headings of each of these Terms and Conditions are for convenience of reference only. Such headings shall be ignored in the interpretation or construction of any of these terms and conditions.

Severability

If any portion of these Terms and Conditions is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention and the remainder of the provisions shall remain in full force and effect.

No Waivers

Any failure by HydraFacial to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right.

Last Updated Date

These Terms and Conditions were last updated on October 1,2024.