TEXT MESSAGE TERMS AND CONDITIONS
WELL PEOPLE
Effective as of September 25, 2023
Below are the terms and conditions (these “Terms”) for your participation in one of e.l.f. Beauty’s brands’ text messaging program (each, a “Text Message Program”).
In these Terms, “we” or “us” means e.l.f. Cosmetics, Inc. (in respect of Text Message Programs for e.l.f. Cosmetics / e.l.f. SKIN, and Keys Soulcare) and W3LL People, Inc. (in respect of Text Message Programs for Well People).
Please note that we only offer Text Message Programs in the United States, Canada, and the United Kingdom, and certain Text Message Programs may not be available in your country.
These Terms contain important information about your rights and obligations. By participating in the particular Text Message Program, you fully and unconditionally accept and agree to these Terms. If you do not agree to them, please do not participate in the particular Text Message Program. We may revise these Terms at any time by updating this page.
We provide the Text Message Programs only for private use, and you agree not to use any Text Message Program for any commercial or business purpose.
U.S. PARTICIPANTS ONLY: THESE TERMS CONTAIN A CLASS ACTION WAIVER AS WELL AS AN ARBITRATION PROVISION, WHICH REQUIRE YOU TO ARBITRATE ANY CLAIMS (WITH CERTAIN EXCEPTIONS) YOU MAY HAVE AGAINST US AND OUR AFFILIATES AND VENDORS ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND THAT YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY IN ANY FORUM, AS DESCRIBED IN MORE DETAIL BELOW. YOU HAVE THE RIGHT TO OPT OUT OF ARBITRATION AND/OR THE CLASS ACTION WAIVER, AS EXPLAINED BELOW. THE BINDING ARBITRATION AGREEMENT IS SET FORTH AT THE END OF THESE TERMS.
Communications and Consent to Electronic Notices
When you opt-in to a particular Text Messaging Program as instructed below, you will be enrolling in that particular Text Message Program to receive marketing and/or order status text messages from us, as applicable.
By enrolling in a particular Text Message Program, you consent to receive text message communications from, or sent on behalf of, e.l.f. Cosmetics, Inc. and or W3LL People, Inc., as applicable (including text messages made with an automatic telephone dialing system) on the mobile device associated with the telephone number you provided to us for this purpose. You may opt-out of these communications at any time. Consent to receive text messages is not required to purchase any goods or services.
Message frequency will vary. We reserve the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. We also reserve the right to change the short code or phone number from which messages are sent and we will notify you when we do so.
Eligibility
To participate in any Text Message Program, you must be:
- a resident of the United States and 13 years of age or older;
- a resident of Canada and 14 years of age or older; or
- a resident of the United Kingdom and 13 years of age or older.
By participating in a Text Message Program, you are confirming you are over the age listed above for your country of residence. We reserve the right to require you to prove your age.
Cost
Message and data rates may apply to each text message you send or receive in connection with the applicable Text Message Program, in each case as provided in your mobile telephone service rate plan (please contact your mobile telephone carrier for pricing plans), in addition to any applicable roaming charges. Please note that we will not charge you for any text messages we send or we receive in connection with any applicable Text Message Program.
e.l.f. Cosmetics / e.l.f. Skin Text Message Program Specifics
How to Opt-In
Marketing Messages
To opt-into receiving e.l.f. Cosmetics / e.l.f. SKIN marketing text messages from us (and enroll in the e.l.f. Cosmetics / e.l.f. SKIN marketing message Text Message Program (the “e.l.f. Marketing Text Message Program”)), please text:
- U.S.: JOIN to our e.l.f. Marketing U.S. short code;
- Canada: JOIN to our e.l.f. Marketing Canada short code; or
- U.K.: JOIN to our e.l.f. Marketing U.K. short code.
You may also opt-into receiving e.l.f. Cosmetics / e.l.f. SKIN marketing text messages from us by enrolling in the e.l.f. Marketing Text Message Program by checking the applicable box to opt-in on www.elfcosmetics.com.
Order Status Messages
Please note that the e.l.f. Order Status Text Message Program is not available in Canada or the U.K. at the moment.
To opt-into receiving e.l.f. Cosmetics / e.l.f. SKIN order status text messages from us (and enroll in the e.l.f. Cosmetics / e.l.f. SKIN order status Text Message Program (the “e.l.f. Order Status Text Message Program”), please check the applicable box to opt-in to the e.l.f. Order Status Text Message Program when placing your order/checking out at www.elfcosmetics.com.
How to Opt-Out
Marketing Messages
To opt out of the e.l.f. Marketing Text Message Program (and stop receiving e.l.f. Cosmetics / e.l.f. SKIN marketing text messages from us), please text
- U.S.: STOP to e.l.f. Marketing U.S. short code;
- Canada: STOP or ARRET to our e.l.f. Marketing Canada short code; or
- U.K.: STOP to our e.l.f. Marketing U.K. short code.
You may also opt out of (and stop) receiving text messages from us by following the instructions in any text message you receive from us.
Order Status Messages
To opt out of the e.l.f. Order Status Text Message Program (and stop receiving e.l.f. Cosmetics / e.l.f. SKIN order status text messages from us), please text STOP to (866) 291 8568.
How to Get Help
Marketing Messages
For additional information and help regarding the e.l.f. Marketing Text Message Program, please text
- U.S.: HELP to our e.l.f. Marketing U.S. short code;
- Canada: HELP or AIDE to our e.l.f. Marketing Canada short code; or
- U.K.: HELP to our e.l.f. Marketing U.K. short code.
Order Status Messages
For additional information and help regarding the e.l.f. Order Status Text Message Program, please text HELP to (866) 291 8568.
Keys Soulcare Text Message Program Specifics
Please note that the Keys Soulcare Text Message Program is not available in Canada or the U.K. at the moment.
How to Opt-In
To opt-into receiving Keys Soulcare marketing text messages from us (and enroll in the Keys Soulcare Text Message Program), please text JOIN to our Keys Soulcare U.S. short code.
You may also opt-into receiving Keys Soulcare marketing text messages from us by enrolling in the Keys Soulcare Text Message Program by checking the applicable box to opt-in on www.keyssoulcare.com.
How to Opt-Out
To opt out of the Keys Soulcare Text Message Program (and stop receiving Keys Soulcare marketing text messages from us), please text STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our U.S. short code.
You may also opt out of (and stop) receiving text messages from us by following the instructions in any text message you receive from us.
How to Get Help
For additional information and help regarding the Keys Soulcare Text Message Program, please text HELP to Keys Soulcare U.S. short code.
Well People Text Message Program Specifics
Please note that the Well People Text Message Program is not available in Canada or the U.K. at the moment.
How to Opt-In
You may also opt-into receiving Well People marketing text messages from us by enrolling in the Well People Text Message Program by checking the applicable box to opt-in on www.wellpeople.com.
How to Opt-Out
To opt out of the Well People Text Message Program (and stop receiving Well People marketing text messages from us), please text STOP to our Well People short code.
You may also opt out of (and stop) receiving Well People marketing text messages from us by following the instructions in any text message you receive from us.
How to Get Help
For additional information and help regarding the Well People Text Message Program, please text HELP to our Well People short code.
Additional Important Information Regarding Opting-Out
You acknowledge that the text message platform used in any Text Message Program may not recognize and respond to unsubscribe requests that do not follow the instructions set forth above regarding opting-out and agree that we and our service providers will have no liability for failing to honor such requests.
Please note that after opting-out of a particular Text Message Program, you may receive one additional message confirming that your request has been processed.
Note that opting out of one Text Message Program will not automatically opt you out of other Text Message Programs. You must opt-out of each Text Message Program you are enrolled in separately.
Please note that our short codes may change.
Support/Help
In addition to the help information set forth above, you can also contact us using the contact information detailed in the “Contact Us” section.
Supported Carriers
Supported carriers may change from time to time (and may vary based on your location), but currently include, among others, AT&T, Sprint, T-Mobile®, Verizon Wireless, Rogers, BCE, TELUS, Vodafone, O2, Orange, and Virgin Mobile. Please note that the supporting mobile carriers may change without notice, and each Text Message Service may be limited to specific carriers. We and the mobile carriers are not liable for delayed or undelivered messages.
Your Mobile Telephone Number
You represent that you are the account holder for the mobile telephone number(s) that you enroll in the applicable Text Message Program.
Access or Delivery to Mobile Network is Not Guaranteed
Delivery of information and content to a mobile device may fail due to a variety of circumstances or conditions. You understand and acknowledge that network services, including but not limited to mobile network services, are outside of our control, and we are not responsible or liable for issues arising from them.
Termination of Text Message Program
We may suspend or terminate your receipt of text messages if we believe you are in breach of these Terms. Your receipt of text messages from us is also subject to termination if your mobile telephone service terminates or lapses. We also reserve the right to modify or discontinue, temporarily or permanently, all or any part of any Text Message Program, with or without notice.
Privacy
We take your privacy seriously. Personal data/information obtained from you in connection with any Text Message Program may include your mobile phone number, your provider’s name, and the date, time, and content of your text messages. We may collect and use this information in accordance with our Privacy Notice. Please click here to review our Privacy Notice.
Our Responsibility for Loss or Damage Suffered by You
To the fullest extent permitted by law, in no event will we be liable for any damages of any kind, under any legal theory, arising out of or in connection with your use of, or inability to use, any Text Message Program, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain, and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, or loss of data, whether caused by tort (including negligence), breach of contract or otherwise, even if such damage is foreseeable.
If any message that we send damages a device belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. We will not be liable for damage that could have been avoided by following our instructions or advice or that was caused by failure to follow our instructions or adhere to these Terms.
Our liability to you is not excluded or limited in any way that would not be lawful to do so, including in respect of liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation.
Contact Us
If you have questions or concerns about these Terms or any Text Message Program, please contact us using the contact information provided below.
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e.l.f. Cosmetics, Inc. |
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Keys Soulcare |
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www.keyssoulcare.com/contact-us.html |
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Keys Soulcare |
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Well People |
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BINDING ARBITRATION AGREEMENT; CLASS ACTION WAIVER
(U.S. PARTICIPANTS ONLY ONLY)
The Binding Arbitration and Class Action Waiver only applies to U.S. participants.
PLEASE READ THIS SECTION CAREFULLY—IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Scope of the Arbitration Agreement
Mindful of the high cost of legal disputes, not only in dollars but in time and energy, both you and we agree that any and all disputes, actions, claims, or other controversies concerning or arising in any way out of any Text Message Program, or other text message communications between you and us (collectively, a “Dispute”), whether based in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis, shall be resolved exclusively through final and binding individual arbitration. “Dispute” will be given the broadest possible meaning allowable under law. Vendors and our and their respective affiliates, parents, subsidiaries, partners, joint ventures, distributors, administrators, predecessors, successors, assigns, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agents and agencies, website providers, web masters, and their respective officers, directors, employees, representatives, counsel and agents, as well as each of their insurers, reinsurers and insurance brokers are intended beneficiaries of this binding arbitration agreement and class action waiver.
This binding arbitration agreement to arbitrate covers and includes threshold questions of arbitrability. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any and all disputes arising out of or relating to the formation, existence, scope, validity, interpretation, applicability, or enforceability of this binding arbitration agreement to arbitrate, or any part of it, or of these Terms, including, but not limited to, any claim that all or any part of this binding arbitration agreement to arbitrate or these Terms are void or voidable. If any party disagrees about whether the foregoing provision (or any portion of this binding arbitration agreement to arbitrate, including without limitation the provisions relating to arbitration) can be enforced or whether it applies to the dispute, the parties agree that the arbitrator will decide that dispute. Notwithstanding the foregoing, however, the parties agree that any issue concerning the validity of the class action waiver below must be decided by a court, and an arbitrator does not have authority to consider the validity of the class action waiver. Both you and we understand and agree that we are waiving our right to sue or go to court to assert or defend our rights, except as set forth below.
Exceptions
Notwithstanding the remainder of this binding arbitration agreement, you and we agree that the following types of disputes will be resolved in court, unless both you and we agree to submit the dispute to arbitration pursuant to this binding arbitration agreement:
- Disputes or claims within the jurisdiction of a small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual Dispute and not as a class, representative, or consolidated action or proceeding;
- Disputes or claims where the sole form of relief sought is injunctive relief (including public injunctive relief); or
- Intellectual property disputes.
For the avoidance of doubt, the waiver of the right to bring claims in or otherwise participate in a class, representative, or consolidated action or proceeding set forth in the class action waiver provision below does not prevent you from seeking public injunctive relief in an individual capacity to the extent otherwise permitted by law.
You and we also agree that for disputes or claims where both injunctive relief (including public injunctive relief) and non-injunctive relief are sought, you and we will first submit the dispute or claim for non-injunctive relief to arbitration pursuant to this Arbitration and Dispute Resolution; Class Action Waiver section. The arbitrator will not be permitted to grant injunctive relief (unless the parties mutually agree otherwise). Once the arbitration of the dispute or claim for non-injunctive relief has concluded, you and/or we may seek the injunctive relief (including the public injunctive relief) in court to the extent permitted by law.
Any litigation in court of the foregoing types of disputes (except for small claims court actions) may be commenced only in a federal or state court located within San Francisco, California, and you and we each consent to the jurisdiction of those courts for such purposes. Regardless of whether the foregoing types of disputes in this Exceptions provision are resolved by a court or pursuant to arbitration, you and we agree that the dispute is subject to the class action waiver provision set forth below.
Informal Dispute Resolution
Either party asserting a dispute shall first try in good faith to resolve it by providing written notice as specified below to the other party describing the facts and circumstances (including any relevant documentation) and allowing the receiving party 30 days in which to respond. Both you and we agree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against the other party.
How Arbitration Works
Either party may initiate arbitration of a Dispute, which will be settled by final and binding arbitration, using the English language, administered by AAA under the AAA Rules then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms). Unless you and we agree otherwise, including to conduct the arbitration by telephone or videoconference, any arbitration hearing shall take place in San Francisco, California, unless the arbitrator determines that a different location would better serve the convenience of the parties. If you live outside the United States, any arbitration will take place in San Francisco, California. Payment of all filing, administration, and arbitrator costs and expenses will be governed by the AAA Rules, except that if you demonstrate that any such costs and expenses owed by you under those rules would be prohibitively more expensive than a court proceeding, we will pay the amount of any such costs and expenses that the arbitrator determines are necessary to prevent the arbitration from being prohibitively more expensive than a court proceeding (subject to possible reimbursement as set forth below). Each party is responsible for his, her, their or its own attorneys’ fees and expenses, and we will not pay your attorneys’ fees or expenses except to the extent ordered to do so by the arbitrator. If you prevail in arbitration, however, you will be entitled to an award of reasonable attorneys’ fees and expenses to the extent allowed for under applicable law and ordered by the arbitrator. In the event the arbitrator determines the claim you asserted in the arbitration to be frivolous according to Federal Rule of Civil Procedure 11, or brought for an improper purpose, you agree to reimburse us for all fees associated with the arbitration paid by us that you otherwise would have been obligated to pay under the AAA Rules. In determining whether an action is frivolous, the arbitrator may consider whether we have offered full relief to you in relation to your individual claim. If the arbitrator, upon final disposition of the case, finds your dispute was not frivolous, we will reimburse any filing fees that you paid and were not otherwise reimbursed. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under these Terms will take place on an individual basis—class arbitrations and class actions are not permitted. You understand that by agreeing to these Terms, you and we are each waiving the right to trial by jury or to participate in a class action or class arbitration.
WAIVER OF RIGHT TO BRING CLASS ACTION AND REPRESENTATIVE CLAIMS
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE EACH AGREE THAT ANY PROCEEDING TO RESOLVE ANY DISPUTE, CLAIM, OR CONTROVERSY WILL BE BROUGHT AND CONDUCTED ONLY IN THE RESPECTIVE PARTY’S INDIVIDUAL CAPACITY AND NOT AS PART OF ANY CLASS (OR PURPORTED CLASS), CONSOLIDATED, MULTIPLE-PLAINTIFF, OR REPRESENTATIVE ACTION OR PROCEEDING (“CLASS ACTION”). YOU AND WE AGREE TO WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION. YOU AND WE EXPRESSLY WAIVE ANY ABILITY TO MAINTAIN A CLASS ACTION IN ANY FORUM. IF THE DISPUTE IS SUBJECT TO ARBITRATION, THE ARBITRATOR WILL NOT HAVE THE AUTHORITY TO COMBINE OR AGGREGATE CLAIMS, CONDUCT A CLASS ACTION, OR MAKE AN AWARD TO ANY PERSON OR ENTITY NOT A PARTY TO THE ARBITRATION. FURTHER, YOU AND WE AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS FOR MORE THAN ONE PERSON’S CLAIMS, AND IT MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS ACTION. FOR THE AVOIDANCE OF DOUBT, HOWEVER, YOU CAN SEEK PUBLIC INJUNCTIVE RELIEF TO THE EXTENT AUTHORIZED BY LAW AND CONSISTENT WITH THE EXCEPTIONS CLAUSE ABOVE.
IF THIS CLASS ACTION WAIVER IS LIMITED, VOIDED, OR FOUND UNENFORCEABLE, THEN, UNLESS THE PARTIES MUTUALLY AGREE OTHERWISE, THE PARTIES’ AGREEMENT TO ARBITRATE SHALL BE NULL AND VOID WITH RESPECT TO SUCH PROCEEDING SO LONG AS THE PROCEEDING IS PERMITTED TO PROCEED AS A CLASS ACTION. IF A COURT DECIDES THAT THE LIMITATIONS OF THIS PARAGRAPH ARE DEEMED INVALID OR UNENFORCEABLE, ANY PUTATIVE CLASS, PRIVATE ATTORNEY GENERAL, OR CONSOLIDATED OR REPRESENTATIVE ACTION MUST BE BROUGHT IN A COURT OF PROPER JURISDICTION AND NOT IN ARBITRATION.
Opt-Out of Arbitration
You have the right to opt-out and not be bound by the arbitration provisions and/or the class action waiver set forth in these Terms by sending written notice of your decision to opt-out to:
e.l.f. Cosmetics, Inc.
Attn: Legal Department
570 10th Street
Oakland, CA 94607
The notice must be sent to us within 30 days of your agreeing to these Terms. Your written notification must include your name and address, as well as a clear statement that you do not wish to resolve disputes with us through arbitration and/or that you do not agree to the class action waiver with respect to the Text Message Programs. If you do not opt out, you shall be bound to arbitrate disputes on an individual basis in accordance with the provisions of this binding arbitration agreement and class action waiver. If you opt out of only the arbitration provisions, and not also the class action waiver, the class action waiver still applies. You may not opt out of only the class action waiver and not also the arbitration provisions. If you opt-out of these arbitration provisions and/or class action waiver, we also will not be bound by them.
Governing Law and Other Terms
This binding arbitration agreement and class action waiver are governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act and other applicable federal law. To the extent state law applies to any aspect of this binding arbitration agreement and class action waiver, or to any disputes and claims that are covered by this binding arbitration agreement and/or class action waiver, the law of the state of California will apply. We will provide notice of any material changes to this binding arbitration agreement and/or class action waiver (which may be satisfied by updating these Terms, unless not otherwise permitted by law), in which case you will have the right to opt out of the arbitration provisions and/or class action waiver within 30 days after such change, consistent with the terms above. Except as set forth above regarding the class action waiver provision, if any portion of these arbitration provisions is deemed invalid or unenforceable, it will not invalidate the remaining portions of these arbitration provisions. Only the arbitrator is authorized to make determinations as to the scope, validity, or enforceability of this binding arbitration agreement, including whether any dispute falls within its scope, as set forth above. However, the parties agree that any issue concerning the validity of the class action waiver above must be decided by a court, as set forth above, and an arbitrator does not have authority to consider the validity of the waiver.
IMPORTANT ADDITIONAL INFORMATION FOR CANADIAN PARTICIPANTS
Governing Law
Except where prohibited by applicable law, these Terms and all disputes, actions, claims, or other controversies concerning or arising in any way out of your use (or lack of use) of, access (or lack of access) to any Text Message Program (collectively, a “Dispute”), whether based in contract, warranty, tort, extra-contractual lability, statute, regulation, ordinance, or any other legal or equitable basis shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without reference to conflict of laws principles, and the laws of Canada applicable therein. “Dispute” will be given the broadest possible meaning allowable under law.
Except where prohibited by applicable law, by participating in a Text Message Program, you irrevocably agree that courts located in the Province of Ontario, Canada shall have exclusive jurisdiction to settle any Dispute arising out of or in connection with these Terms or its subject matter or formation.
FOR QUEBEC PARTICIPANTS ONLY: The parties have expressly requested that these Terms and all ancillary documents and communications be drafted in English. Les parties aux présentes ont expressément requis que la présente entente et tous les documents et communications y afférents soient rédigés en langue
IMPORTANT ADDITIONAL INFORMATION FOR U.K. PARTICIPANTS
Governing Law
These Terms and all disputes, actions, claims, or other controversies concerning or arising in any way out of your use (or lack of use) of, access (or lack of access) to any Text Message Program (collectively, a “Dispute”), whether based in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis shall be governed by and construed in accordance with the laws of England and Wales. “Dispute” will be given the broadest possible meaning allowable under law.
Except where prohibited by applicable law, by participating in a Text Message Program, you irrevocably agree that courts located in London, England shall have exclusive jurisdiction to settle any Dispute arising out of or in connection with these Terms or its subject matter or formation; except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, or if you are a resident of Scotland, you also may bring proceedings in Scotland.