
TERMS & PRIVACY
The terms and conditions expressly listed and set forth below refer to all websites owned by ASCENSION LINGERIE & SWIMSUIT LLC.
We respect the privacy of our customers. This official Privacy and Security Statement is designed to help you understand what information we gather and how we use it. In our ongoing effort to improve the services and features we provide to our customers, ASCENSION LINGERIE & SWIMSUIT LLC will continue to implement new technologies from time to time. As a result, this policy is subject to change without prior notice. We encourage you to review our privacy policy periodically.
These Terms and Conditions of Use apply to ASCENSION LINGERIE & SWIMSUIT LLC. As used in these Terms and Conditions of Use, “ASCENSION LINGERIE & SWIMSUIT LLC”. ASCENSION LINGERIE & SWIMSUIT LLC provided access to the best assortment of special and intimate occasion products and services to the largest group of people possible. To insure a safe, non-offensive environment for all of our users, we have established these Terms and Conditions of Use, which describe what users of ASCENSION LINGERIE & SWIMSUIT LLC (“User(s)”) can expect from ASCENSION LINGERIE & SWIMSUIT LLC and what ASCENSION LINGERIE & SWIMSUIT LLC expects from Users. By accessing any areas of the Web Sites, Users agree to be legally bound and to abide by the terms set forth below as they may be modified by ASCENSION LINGERIE & SWIMSUIT LLC at any time and posted on the Web Site. In the event of a violation of these terms and conditions, ASCENSION LINGERIE & SWIMSUIT LLC reserves the right to seek all remedies available in law and in equity.
PRIVACY POLICY
ASCENSION LINGERIE & SWIMSUIT LLC respects the privacy of its Users.
We keep your personal information private and secure. When you make a purchase from our site, you provide your name, email address, credit card information, address, phone number, and a password. We use this information to process your orders, to keep you updated on your orders and to personalize your shopping experience. Our secure servers protect your information using advanced encryption techniques and firewall technology. However, we do not store your credit card information after the purchase. To keep you informed about our latest offers, we may notify you of current promotions, specials and new additions to ASCENSION LINGERIE & SWIMSUIT LLC. You may unsubscribe from our newsletters following the unsubscribe instructions in any email you receive from us.
We use "cookies" to keep track of your current shopping session to personalize your experience and so that you may retrieve your shopping cart at any time.
We partner with Rakuten Advertising, who may collect personal information when you interact with our site. The collection and use of this information is subject to the privacy policy located here:https://rakutenadvertising.com/legal-notices/services-privacy-policy/
To opt out, follow the below links:
https://optout.networkadvertising.org/?c=1
https://optout.aboutads.info/?c=2&lang=EN
https://www.aboutcookies.org.uk/
The personally identifiable information that you provide to us and information about your order may be combined with other personally identifiable information (such as demographic information and past purchase history) available from our records and other sources. We also use Pixel Tags to collect additional information regarding your browsing experience. This information will be used to make our future marketing efforts more efficient and to provide you with a more relevant and timelier brand and shopping experience. This information may also be shared with our third-party service providers that assist us with our marketing efforts.
We use "cookies" to keep track of your current shopping session to personalize your experience and so that you may retrieve your shopping cart at any time.
The personally identifiable information that you provide to us and information about your order may be combined with other personally identifiable information (such as demographic information and past purchase history) available from our records and other sources. We also use Pixel Tags to collect additional information regarding your browsing experience. This information will be used to make our future marketing efforts more efficient and to provide you with a more relevant and timely brand and shopping experience. This information may also be shared with our third party service providers that assist us with our marketing efforts. SMS marketing and notifications (if applicable): By entering your phone number during account registration or in checkout and initializing a purchase, you agree that Ascension Lingerie & Swimsuit, LLC DBA OH LÀ LÀ CHÉRI may send you text notifications (for your order, including abandoned cart reminders) and text marketing offers. SMS marketing messages will not exceed 100 per month. You can unsubscribe from further text messages by replying STOP.
By signing up via text, you agree to receive marketing messages at the number provided. Consent is not a condition of purchase. Message and data rates may apply. Message frequency varies. View our Privacy Policy and Terms of Service.
DISCLAIMERS & LIMITATIONS OF LIABILITY
User expressly agrees that use of the Web Site is at User’s sole risk. Neither ASCENSION LINGERIE & SWIMSUIT LLC nor its affiliates, nor any of their respective officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors (collectively, “Providers”), or the like, warrant that the Web Sites will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of the Web Sites, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through the Web Sites.
The website is provided by ASCENSION LINGERIE & SWIMSUIT LLC on an “as is” and “as available” basis. ASCENSION LINGERIE & SWIMSUIT LLC makes no representations or warranties of any kind, express or implied, as to the operation of the web sites, or the information, content, materials or products, included on the website. To the fullest extent permissible by applicable law, ASCENSION LINGERIE & SWIMSUIT LLC disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. No oral advice or written information given by ASCENSION LINGERIE & SWIMSUIT LLC or its affiliates, or any of their respective officers, directors, employees, agents, providers, or the like, shall create a warranty; Nor shall user rely on any such information or advice.
Under no circumstances shall ASCENSION LINGERIE & SWIMSUIT LLC or any other party involved in creating, producing, or distributing the web sites be liable for any direct, indirect, incidental, special, punitive or consequential damages that result from the use of or inability to use the web sites, including but not limited to, a user’s reliance on any information obtained from the web sites or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction, or unauthorized access to ASCENSION LINGERIE & SWIMSUIT LLC’s records, programs, or services. User hereby acknowledges that this paragraph shall apply to all content, merchandise, and services available through the web sites. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
CONTENT PROPRIETRY RIGHTS
User acknowledges that the Web Sites contain information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively “Content”) that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is copyrighted as a collective work under the U.S. copyright laws, and ASCENSION LINGERIE & SWIMSUIT LLC owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part.
SINGLE COPY LICENSE
Subject to all provisions in these Terms and Conditions of Use, User may make one copy, by either downloading or copying, of text, photographs, images, video, and audio contained in the Web Sites on a single computer for User’s personal, non-commercial use only. However, any use of the Web Sites, including the downloading or copying of ASCENSION LINGERIE & SWIMSUIT LLC materials from the Web Sites for User’s personal use, will indicate User’s consent and agreement to the terms stated in this notice. No right, title or interest in ASCENSION LINGERIE & SWIMSUIT LLC material downloaded or copied from the Web Sites is conveyed to User as a result of any such downloading or copying, and such downloaded or copied material may not be used for any commercial purpose. This is a license, not a transfer of title to ASCENSION LINGERIE & SWIMSUIT LLC’s material, and this license is subject to the following restrictions:
• User may not reproduce, publish, transmit, distribute, perform, display, modify, create derivative works from, sell, rent, or otherwise exploit the Web Sites or any of their contents without ASCENSION LINGERIE & SWIMSUIT LLC’s prior written consent;
• User may not post, upload, display or otherwise transmit our materials to another web site, including but not limited to, any personal or commercial website; and
• User agrees to prevent any unauthorized copying of ASCENSION LINGERIE & SWIMSUIT LLC’s materials
If no specific restrictions are displayed, Users may make one copy of select portions of the Content, provided that the one copy is made only for User’s personal, non-commercial use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.
THIRD-PARTY CONTENT
ASCENSION LINGERIE & SWIMSUIT LLC is a distributor, and not a publisher, of Content supplied by third parties and Users. ASCENSION LINGERIE & SWIMSUIT LLC has no more editorial control over such Content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including Providers or any other User of the Web Sites, are those of the respective authors or distributors and not of ASCENSION LINGERIE & SWIMSUIT LLC or its affiliates or any of their respective officers, directors, employees, or agents. Neither ASCENSION LINGERIE & SWIMSUIT LLC nor its affiliates, nor any of their officers, directors, employees, or agents, nor any third party, including any Provider, or any other User of the Web Sites, guarantees the accuracy, completeness, or usefulness of any Content, or its merchantability or fitness for any particular purpose. In many instances, the Content available through the Web Sites represents the opinions and judgments of the respective Provider or User not under contract with ASCENSION LINGERIE & SWIMSUIT LLC. ASCENSION LINGERIE & SWIMSUIT LLC neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the Web Sites by anyone other than authorized ASCENSION LINGERIE & SWIMSUIT LLC employees. Under no circumstances shall ASCENSION LINGERIE & SWIMSUIT LLC or its affiliates, or any of their respective officers, directors, employees, or agents be liable for any loss, damage or harm caused by a User’s reliance on information obtained through the Web Sites. It is the responsibility of User to evaluate the information, opinions, advice, or other Content available through the Web Sites.
EXPORT
The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations, including but not limited to, the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from the Web Sites to either a foreign national or a foreign destination in violation of such laws.
LINKS
ASCENSION LINGERIE & SWIMSUIT LLC is not responsible for the availability of external sites or resources linked to the Web Sites, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. ASCENSION LINGERIE & SWIMSUIT LLC shall not be responsible or liable, directly or indirectly, for any damages or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource.
IMPORTANT NOTICE TO WEBMASTERS
Regarding the use of trademarked names in metatags and/or hidden text, ASCENSION LINGERIE & SWIMSUIT LLC has a zero tolerance policy. The use of trademarked names in metatag keywords is trademark infringement, and the use of trademarked terms in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition. Linking to any section of the Web Sites is prohibited absent express written permission from ASCENSION LINGERIE & SWIMSUIT LLC. Framing the Web Sites with links, advertisements and/or other information not originating from the Web Sites is expressly prohibited.
ONLINE CONTENT & SUBMISSIONS
Content of Others
Users only may upload to or otherwise distribute on the Web Sites’ Content that is not subject to any copyright or other proprietary rights protection (collectively, “Public Content”), or Content in which the author has given express authorization for distribution on the World Wide Web. Any copyrighted or other proprietary Content distributed with the consent of a copyright owner should contain a phrase such as “Copyright, owned by [name of owner]; used by permission.” The unauthorized submission or distribution of copyrighted or other proprietary Content is illegal and could subject the User to criminal prosecution as well as personal liability for damages in a civil suit. Users will be liable for any damages resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. Neither ASCENSION LINGERIE & SWIMSUIT LLC nor its affiliates, nor any of their respective officers, directors, employees, agents, Providers, or the like, will be liable for any damages resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such User submission. In compliance with the Digital Millennium Copyright Act, Users and other persons can report infringement by using our web form. By submitting Content to any User-submit areas, User automatically grants, or warrants that the owner of such Content has expressly granted ASCENSION LINGERIE & SWIMSUIT LLC the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, publish, translate, sublicense, copy, and distribute the Content in whole or in part worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. User also permits any other User to access, store, or reproduce the Content for that User’s personal use. Subject to this grant, the owner of Content placed on the Web Sites retains any and all rights that may exist in such Content.
Limit on Uses
User agrees to use the Web Sites only for lawful purposes. User is prohibited from posting on or transmitting through the Web Sites any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
If ASCENSION LINGERIE & SWIMSUIT LLC is notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content provided by User, ASCENSION LINGERIE & SWIMSUIT LLC may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from the Web Sites. ASCENSION LINGERIE & SWIMSUIT LLC may disclose any Content or electronic communication of any kind under the following circumstances:
• To satisfy any law, regulation, or government request;
• If such disclosure is necessary or appropriate to operate the Web Sites; or
• To protect the rights or property of ASCENSION LINGERIE & SWIMSUIT LLC’ Users or Providers.
ASCENSION LINGERIE & SWIMSUIT LLC reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, the Web Sites, the communities that make up the Web Sites, or any rights of ASCENSION LINGERIE & SWIMSUIT LLC or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither ASCENSION LINGERIE & SWIMSUIT LLC nor the Web Sites’ Providers can ensure prompt removal of questionable Content after online posting. Accordingly, neither ASCENSION LINGERIE & SWIMSUIT LLC nor its affiliates, nor any of their respective officers, directors, employees, or agents, nor the Web Sites’ Providers shall assume liability for any action or inaction with respect to conduct, communication, or Content on the Web Sites.
USER-GENERATED CONTENT & LICENSE
User may post reviews, comments, photographs, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, so long as none of these materials are illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties or objectionable and do not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” User may not use a false e-mail address, impersonate anyone, or otherwise mislead as to the origin of any content. ASCENSION LINGERIE & SWIMSUIT LLC reserves the right (but not the obligation) to remove or edit any such content, but does not regularly review posted content.
All content described in the immediately preceding paragraph and any and all other information, content or materials that User posts or sends to ASCENSION LINGERIE & SWIMSUIT LLC are referred to as “User-Generated Content.” If User posts or sends any User-Generated Content to ASCENSION LINGERIE & SWIMSUIT LLC, intentionally or unintentionally, ASCENSION LINGERIE & SWIMSUIT LLC (and such others as ASCENSION LINGERIE & SWIMSUIT LLC may designate from time to time) shall have the unrestricted rights to the use thereof for any and all purposes whatsoever, commercial or otherwise, without any further permission from, or any payment to, User or anyone else. ASCENSION LINGERIE & SWIMSUIT LLC and its designees also shall have the right (but no obligation) to use the name User submits, as well as any other name by which User is or may be known, in connection with User-Generated Content. Without limiting the generality of the foregoing, User hereby unconditionally grants to ASCENSION LINGERIE & SWIMSUIT LLC a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable universal license to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, download, edit, alter, modify, adapt, translate, create derivative works based upon and publicly perform User-Generated Content, in whole or in part, by all means and in all media now known or hereafter devised for any and all purposes without further notice to User and with or without attribution (the “User-Generated Content License”). User should not send ASCENSION LINGERIE & SWIMSUIT LLC any material that is not intended to be subject to the User-Generated Content License. User agrees to the User-Generated Content License whether or not User-Generated Content is used by ASCENSION LINGERIE & SWIMSUIT LLC.
User represents, warrants and agrees that: User owns or otherwise controls all of the rights to all User-Generated Content that User posts or sends to ASCENSION LINGERIE & SWIMSUIT LLC; that all such User-Generated Content is accurate; use of such User-Generated Content does not violate these Terms and Conditions of Use, ASCENSION LINGERIE & SWIMSUIT LLC’s Privacy Policy or the rights of any third party and will not cause injury to anyone; and User will indemnify ASCENSION LINGERIE & SWIMSUIT LLC and its affiliates and designees from and against all claims arising out of, resulting from or relating to any such User-Generated Content ASCENSION LINGERIE & SWIMSUIT LLC has the right (but no obligation) to monitor, edit or remove any activity or content involving User. ASCENSION LINGERIE & SWIMSUIT LLC has no responsibility, and assumes no liability, for any User-Generated Content posted or sent by User or by anyone else.
User agrees that User-Generated Content will not be subject to any expectation of trust or confidence between User and ASCENSION LINGERIE & SWIMSUIT LLC, and that no confidential or fiduciary relationship is intended or created between User and ASCENSION LINGERIE & SWIMSUIT LLC. To the extent that any so-called “moral rights,” “neighboring rights” or similar or analogous rights apply to any User-Generated Content and which are not exclusively owned by ASCENSION LINGERIE & SWIMSUIT LLC, User agrees not to enforce or assign, or permit any third party to enforce or assign, any such rights.
Each time that User accesses the Web Sites, or posts or submits User-Generated Content, User agrees that the User-Generated Content License is ratified and confirmed with respect to such User-Generated Content and all User-Generated Content previously posted or submitted by User.
ONLINE SECURITY STATEMENT
We understand that many consumers are concerned about Internet security. ASCENSION LINGERIE & SWIMSUIT LLC employs industry-leading technologies to store sensitive information and protect it while in transit over the Internet. The following Security Statement describes the technologies we use and provides additional details about how we handle sensitive data like credit card information. We want you to be able to shop at ASCENSION LINGERIE & SWIMSUIT LLC with complete confidence.
THE TRANSMISSION OF SENSITIVE DATA
We work hard to protect the information that you send to us while it is en route to and from our sites. To provide secure transmission, ASCENSION LINGERIE & SWIMSUIT LLC employs Secure Sockets Layer technology (SSL) on those pages that involve sensitive information such as credit card numbers. SSL, which is supported by a vast majority of Internet browsers available today, is the most commonly employed method of secure, encrypted communication used on the Internet. We also use a 3rd party shopping cart that is PCI compliant. At no time do any ASCENSION LINGERIE & SWIMSUIT LLC employees have access to your credit card or personal sensitive information.
TERMINATION OF USAGE
ASCENSION LINGERIE & SWIMSUIT LLC may terminate or suspend any User’s access to all or part of the Web Sites, without notice, for any conduct that ASCENSION LINGERIE & SWIMSUIT LLC, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third-party Provider, a service provider, or the Web Sites.
COUPON POLICY
Please note that COUPONS are not valid for ANY discounted offer, promotions, special offer, and clearance items.
Coupon vouchers are not cumulative with ANY upcoming promotions.
CHILDREN’S POLICY
We do not intend to collect any personally identifiable information from children through our websites. Please do not allow children under the age of 18 to provide any personally identifiable information or participate in the bulletin board sections of ASCENSION LINGERIE & SWIMSUIT LLC nor its affiliated websites.
EACH TIME USER PURCHASES A PRODUCT AT THE WEB SITES, USER IS REPRESENTING TO THE WEB SITES THAT USER IS AN ADULT.
SEVERABILITY
The provisions of these Terms and Conditions of Use are intended to be severable. If for any reason any provision of these Terms and Conditions of Use shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
ACKNOWLEDGEMENT
These Terms of Use represent the entire understanding between Users and any websites owned by ASCENSION LINGERIE & SWIMSUIT LLC regarding User’s relationship with the Web Sites and supersede any prior statements or representations. USER AGREES TO BE BOUND BY THESE TERMS OF USE by using the Web Sites. ASCENSION LINGERIE & SWIMSUIT LLC may terminate, change, suspend or discontinue any aspect of the Web Sites, including the availability of any features of the Web Sites, at any time and without notice.
ASCENSION LINGERIE & SWIMSUIT LLC also reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms in whole or in part, at any time and without notice. ASCENSION LINGERIE & SWIMSUIT LLC may terminate the authorization, rights and license given above at any time and without notice. User’s continued use of the Web Sites after any changes to these terms are posted will be considered acceptance of those changes.
Updated: May 2021
Voucher Giveaway Terms and Conditions
Game of Chance
(Terms and Conditions)
1. Participation in this promotion is deemed acceptance of these terms.
2. Entry is only open to United States residents only.
3. Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter.
4. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
5. Incomplete, indecipherable or illegible entries will be deemed invalid.
6. Multiple entries permitted, subject to the following: (a) only one entry permitted; and (b) each entry must be submitted separately and in accordance with entry requirements.
7. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
8. Promotion begins 29/12/2021 and closes at the close of business on 14/01/2022. The winner will be drawn on 20/01/2022.
9. The Promoter’s decision is final and no correspondence will be entered into.
Major Prize
10. The Major Prize drawn.
11.Total value of prize is $500.00 OH LÀ LÀ CHÉRI Voucher.
12. The Major Prize has been sourced by OH LÀ LÀ CHÉRI.
13. Prize is not NON-TRANSFERABLE/NON-EXCHANGEABLE/NON-REPLACEABLE/NON-UPGRADEABLE and cannot be redeemed for cash.
14. The major prize winner will be notified by email. The winner's name will also be published on the OH LÀ LÀ CHÉRI social media channels.
15. Subject to the unclaimed prize draw clause, if for any reason the winner does not take the prize (or an element of the prize), then the prize (or that element of the prize) will be forfeited.
16. If the prize (or part of a prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
General
17. Total prize pool value is up to $500.00.
18. The prize is not transferable or exchangeable and cannot be taken as cash.
19. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
20. If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
21. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
22. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the State and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion.
23. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use of a prize.
24. The Promoter collects personal information in order to conduct the promotion and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, and prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this information. The Promoter may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any request to opt out, access, update or correct information to the Promoter. All entries become the property of the Promoter.
25. Please note that entry into this competition is deemed automatic consent to be added to OH LÀ LÀ CHÉRI database.
26. In the instance where the original winner doesn’t claim the prize then a redraw will take place, the re-draw winner will be notified in writing whilst having their details published on theOH LÀ LÀ CHÉRI social media channels.
27. The re draw will take place on 30/02/2022.
28. The Promoter is OH LÀ LÀ CHÉRI.