E-Commerce Terms & Conditions
Lady M takes great responsibility and pride when shipping our cakes to you. Every order is hand-packed and handled with care so that it will arrive to your door in mint condition. We ship cakes frozen in order to maintain quality. Cakes may be kept frozen in the freezer for up to 2 months. Please keep them frozen and defrost in the fridge for 12 hours before serving.
Shipping
Deliveries are only made Tuesday through Friday. Lady M will email the tracking number to the email on file 1 to 2 days prior to shipment. Please allow time for your tracking number to update with FedEx. If you don’t receive a confirmation email, please contact us. To check the status of your delivery, please refer to your tracking number and correlating service provider. Lady M is not responsible for lost or stolen packages. We do not require signature for delivery.
Orders sent to multi-unit dwelling, such as apartment buildings, may not be released unless someone is home to accept them.
We are unable to replace items due to the recipient being unavailable at the time of delivery. Our boxes are clearly marked “perishable” on the outside, and we are not responsible for the times received and not opened.
We cannot ship to P.O. Boxes, APO, or FPO addresses. We ship to the 48 continental states in the United States only. We do not ship to Hawaii, Alaska, and Guam. We do not ship internationally. For orders in Canada, please visit us at Ladym.CA.
For US Shipping orders, please note we may call to verify payment so be sure to provide a phone number where you may be reached.
Dry Ice
The cake will arrive frozen in a box containing dry ice. Please handle dry ice with thick gloves or a rug. It can cause serious injury if touched with bare hands or skin. Do not eat or consume dry ice. To dispose of the dry ice safely, allow it to evaporate inside an open container away from the reach of children and pets.
Please defrost the cake in the refrigerator for 12 hours before serving. After cake is defrosted, we do not recommend refreezing. Cakes’ shelf life is 2 days.
Cancellation/Change Order
Cancellation, order change, address change need to be advised to Lady M 3 business days (by 5:00pm EST) prior to your requested delivery date.
We will not be able to change delivery address, content, or recipient information once we ship out your cake.
Refunds or Exchanges
We do everything possible to ship according to schedule, but are not responsible for deliveries that are delayed due to weather or “Acts of God.” We do not offer refunds or exchanges after the order is placed.
Please note that we will not assume responsibility for any incorrect addresses provided to us.
Please inspect your package immediately upon receipt. All claims must be filed within 24 hours of receipt.
- Incorrect or incomplete shipping address
- Lost/stolen deliveries once the cake is delivered
- Delays caused during peak holiday seasons
- Weather-related delivery issues
- Cakes that become unusable because of failure to follow instructions (on the package) by the recipient
With that said, we want to give you the best and most delicious experience possible, so if you made an error in the ordering process, please call us right away at 718-937-8877. Office hours are Monday - Friday between 10 am – 5 pm EST. Or email us at hello@ladym.com.
Peak Seasons
The holiday season (ex. Thanksgiving, Christmas, and New Year’s) is especially busy at Lady M. We cap the number of deliveries during the peak season to guarantee quality service and accountability. Please order your cakes ahead of time.
Due to the sheer volume of deliveries during the holidays, the occasional late delivery occurs. A solution to this is ordering the cakes for an earlier delivery date, as all cakes can be stored in the freezer for up to two (2) months.
Maximum number of cakes per order is seven. Once we have reached the max orders for the day, the system will block out the date.
Schedule Ahead
We highly recommend that you schedule your cake's delivery date 3 to 7 days prior to your special date or intended serve date. Cakes may be kept stored in your freezer for up to 2 months. 12 hours before you plan to serve, please move to the refrigerator to defrost.
E-Gift Cards
Give the gift of Lady M to anyone, anywhere with an e-gift card. This gift card can be redeemed only at LadyM.com and Lady M Boutiques in the Continental United States. This card cannot be exchanged for cash, check or credit. Please treat this card like cash; if this card is lost or stolen it will not be replaced. This card is redeemable only for goods and services not exceeding the remaining credit balance on this card. This card may not be returned or redeemed for cash. This card does not expire.
Our e-gift cards will be sent via email within 30 minutes of your order, unless your order is for a specified date in which case it will be sent at 9:00 AM EST.
If you would like to send this card as a gift, please enter a recipient name and email address; if recipient email address is left blank, you will receive the e-gift card at the email address you use to checkout.
LADY M REWARDS PROGRAM
TERMS AND CONDITIONS
(Effective Date: October 22, 2025)
TABLE OF CONTENTS
I. FOUNDATIONAL PROVISIONS
- Definitions
- Agreement to Terms
- Amendments and Modifications
II. PARTICIPATION REQUIREMENTS
- Eligibility Criteria
- 5. Account Creation, Maintenance and Security
- Participant Obligations
III. PROGRAM MECHANICS
- Program Structure and Benefits
- Earning Stars
- Qualifying and Non-Qualifying Transactions
- Gift Card Provisions
- Multi-Tender Transactions
IV. REWARD ADMINISTRATION
- Star Crediting and Reconciliation
- Star Expiration and Forfeiture
- Reward Redemption
- Retroactive Star Claims
V. LEGAL AND REGULATORY
- Privacy and Data Protection
- Marketing Communications and Consent
- Proprietary Rights
- Compliance and Prohibited Conduct
- Governing Law and Dispute Resolution
- Limitation of Liability
- Indemnification
- Regulatory Disclosures
VI. ADMINISTRATIVE MATTERS
- Accessibility Commitment
- Program Modification and Termination
- Breakage and Liability Management
- Severability
- Entire Agreement
- Contact and Customer Service
I. FOUNDATIONAL PROVISIONS
1. Definitions
For purposes of these Terms and Conditions, the following definitions shall apply:
"Account" means the individual membership account established by a Participant in connection with the Program.
"Eligible Participant" means an individual who satisfies the eligibility requirements set forth in Section 4.
"Gift Card" means a Lady M-branded stored value card, whether physical or electronic, issued subject to separate terms and conditions.
"Lady M," "Company," "we," "us," or "our" means Lady M Confections Co., Ltd., a company organized under the laws of its jurisdiction of incorporation.
"Participant," "you," or "your" means an Eligible Participant who has enrolled in the Program.
"Program" means the Lady M Rewards loyalty program as described herein.
"Qualifying Purchase" means a transaction eligible for Star accrual as defined in Section 8.
"Rewards" means the benefits, discounts, or complimentary items available for redemption through the Program.
"Round Down Method" means the practice of discarding any fractional portion of a calculated Star value, awarding only the whole number that remains.
"Stars" or "Points" means the loyalty currency earned through Qualifying Purchases and redeemable for Rewards.
"Terms" means these Terms and Conditions, as may be amended from time to time.
2. Agreement to Terms
These Terms constitute a legally binding agreement between you and Lady M governing your participation in the Program. By enrolling in the Program, creating an Account, or otherwise participating in Program activities, you represent and warrant that:
(a) You have read and understood these Terms in their entirety;
(b) You agree to be bound by these Terms and all policies incorporated herein by reference, including without limitation the Lady M Privacy Policy;
(c) You possess the legal capacity to enter into this agreement; and
(d) All information provided during enrollment is accurate, current, and complete.
If you do not agree to these Terms without reservation, you are not authorized to participate in the Program and must immediately cease all Program-related activities.
3. Amendments and Modifications
Lady M reserves the unilateral right to amend, modify, supplement, or replace these Terms at any time, with or without prior notice, in its sole and absolute discretion. Material amendments shall become effective upon publication of revised Terms at https://www.ladym.com/terms, as evidenced by an updated "Effective Date."
Your continued participation in the Program following the posting of revised Terms constitutes your binding acceptance of such modifications. It is your responsibility to review these Terms periodically. If you do not agree to any modification, your sole remedy is to terminate your participation in the Program.
II. PARTICIPATION REQUIREMENTS
4. Eligibility Criteria
4.1 Geographic and Age Requirements
Participation in the Program is limited to legal residents of the forty-eight (48) contiguous United States and the District of Columbia who are at least thirteen (13) years of age or older as of the date of enrollment.
4.2 Minor Participants
Any individual between the ages of thirteen (13) and eighteen (18) years ("Minor Participant") must obtain the informed consent of a parent or legal guardian prior to enrollment. The consenting parent or legal guardian shall be deemed to have accepted these Terms on behalf of the Minor Participant and shall be jointly and severally liable for all obligations arising hereunder.
4.3 Employee Disqualification
The following individuals are categorically ineligible to participate in the Program:
(a) Employees, officers, and directors of Lady M and its parent, subsidiary, and affiliated entities;
(b) Employees of advertising, marketing, promotional, and fulfillment agencies engaged by Lady M; and
(c) Immediate family members and individuals residing in the same household as persons described in subsections (a) and (b).
For purposes of this section, "immediate family members" includes spouses, parents, children, siblings, grandparents, and grandchildren, whether by blood, marriage, or adoption.
4.4 Individual Participation
Each Participant may maintain only one (1) Account. The creation or maintenance of multiple Accounts by a single individual is prohibited and constitutes grounds for immediate termination and forfeiture of all Stars and Rewards.
5. Account Creation, Maintenance and Security
5.1 Online Enrollment
Participants may establish an Account by accessing the enrollment portal at https://www.ladym.com/signup and providing accurate and complete information, including but not limited to:
(a) Full legal name;
(b) Valid email address;
(c) Telephone number;
(d) Secure password meeting specified requirements; and
(e) Date of birth (optional).
Upon submission of enrollment information, Participants will receive an electronic verification communication. Account activation is contingent upon completion of the verification process.
5.2 Legacy Account Integration
Individuals who established a Lady M customer account prior to October 22, 2025, may integrate their existing account with the Program by providing a telephone number through the account settings interface and clicking “Enroll”. All accounts created on or after October 22, 2025, are automatically enrolled in the Program upon successful registration.
5.3 Point-of-Sale Enrollment
Participants may enroll at participating Lady M boutique locations by providing their telephone number when prompted by the point-of-sale system at the time of checkout. Such enrollment shall create a new profile within the Square system. However, this profile is distinct from an online account at ladym.com. Enrollment at the point-of-sale does not automatically link to a ladym.com account.
To establish or link an online account, the member must take the following additional step:
- Visit ladym.com and either
(i) create a new account at https://www.ladym.com/signup; or
(ii) log in to an existing account by clicking "Enroll" via Account page using the same phone number used at the point-of-sale.
5.4 Account Security and Verification
You acknowledge and agree that:
(a) You are solely responsible for maintaining the confidentiality and security of your Account credentials, including your password and any associated authentication factors;
(b) You are fully responsible for all activities conducted through your Account, whether authorized or unauthorized;
(c) You will immediately notify Lady M of any suspected unauthorized access, use, or security breach;
We reserve the right to require you to provide proof of identity (such as a government-issued photo ID) or other information to verify ownership of your account(s) at any time, including when you request an account merge or to prevent fraudulent activity. We may use third-party services for this verification.
Lady M shall bear no liability for any loss, damage, or expense arising from your failure to maintain Account security or from unauthorized Account access, except to the extent such liability cannot be excluded under applicable law.
Failure to provide verification upon request may result in account suspension or termination and the forfeiture of all Stars.
6. Participant Obligations
6.1 Permitted Use
The Program is intended solely for personal, non-commercial use. Participants agree not to engage in any activity that undermines the integrity of the Program. Any violation of these terms may lead to the consequences outlined in Section 19. Prohibited conduct includes, but is not limited to:
(a) Use the Program for any commercial, business, or resale purpose;
(b) Transfer, sell, barter, or attempt to transfer Account privileges or accumulated Stars;
(c) Engage in fraudulent, abusive, or manipulative conduct designed to accrue Stars improperly;
(d) Misrepresent information provided to Lady M or create multiple accounts for a single user to circumvent Program rules;
(e) Interfere with the proper functioning of the Program, its websites, or Program systems; or
(f) Assist or encourage any third party in engaging in prohibited conduct.
6.2 Information Accuracy
Participants represent and warrant that all information provided to Lady M in connection with the Program, including their name and contact information, is accurate, current, and complete. Participants agree to promptly update such information as necessary to maintain its accuracy. Providing false or misleading information is a violation of these Terms.
III. PROGRAM MECHANICS
7. Program Structure and Benefits
The Program enables Eligible Participants to accumulate Stars through Qualifying Purchases and to redeem accumulated Stars for Rewards at participating Lady M boutique locations and through the Company's e-commerce platform at https://www.ladym.com.
Program features, benefits, participating locations, earn rates, redemption rules, and all other Program elements are subject to modification or discontinuation at any time without prior notice at Lady M's sole discretion.
8. Earning Stars
8.1 Standard Accrual Rate
Participants shall earn one (1) Star for each one (1) United States dollar (USD $1.00) of net Qualifying Purchase amount when payment is tendered via cash, credit card, or debit card at participating locations and on the Company's e-commerce platform.
8.2 Enhanced Gift Card Accrual Rate
Participants shall earn one and one-half (1.5) Stars for each one (1) United States dollar (USD $1.00) of net Qualifying Purchase amount when payment is tendered via a Lady M Gift Card at participating locations and on the Company's e-commerce platform.
8.3 Calculation Methodology
Stars shall be calculated based on the net pre-tax transaction amount after the application of all discounts, promotions, and adjustments. Any fractional Star earned from this calculation will be handled per the "Round Down" method defined in section 8.4.
8.4 “Round Down” Method
The Program uses a "Round Down" (or truncation) method for awarding Stars. Under this method, any fractional component of a Star is discarded, and Stars are awarded only to the nearest whole number below the calculated value.
- Examples:
- A transaction earning 1.0 Star awards 1 Star.
- A transaction earning 1.5 Stars awards 1 Star.
- A transaction earning 5.0 Stars awards 5 Stars.
- A transaction earning 5.5 Stars awards 5 Stars.
- A transaction earning 6.0 Stars awards 6 Stars.
No fractional Stars shall be awarded or be redeemable for rewards under any circumstances.
8.5 Promotional Bonus Stars
Lady M may, in its discretion, offer promotional opportunities to earn bonus Stars subject to specific terms and conditions disclosed at the time of the promotional offer. Promotional offers:
(a) Are subject to modification or termination without notice;
(b) May be limited by time, geography, or other restrictions;
(c) May not be combined with other offers unless expressly permitted; and
(d) Are void where prohibited by applicable law.
8.6 Star Adjustments and Corrections
Lady M reserves the right to adjust, withhold, reclaim, or void Stars that were:
(a) Awarded in error;
(b) Obtained through fraudulent, abusive, or unauthorized means;
(c) Earned in violation of these Terms;
(d) Associated with transactions that were subsequently reversed, refunded, or cancelled; or
(e) Otherwise improperly credited to an Account.
8.7 Star Earning Notifications
Participants may receive transaction summaries or notifications confirming Star accrual following a purchase. The delivery and availability of these notifications may vary by channel (e.g., in-store vs. e-commerce) and are provided as a courtesy. The official record of your Star balance and transaction history is maintained in your Program Account online. It is the Participant’s responsibility to monitor their Account activity to verify that Stars have been properly credited. Lady M is not liable for any failure to receive a transactional notification.
9. Qualifying and Non-Qualifying Transactions
9.1 Qualifying Purchases
Subject to the exclusions enumerated in Section 9.2, all retail purchases of Lady M products at participating locations constitute Qualifying Purchases eligible for Star accrual.
9.2 Excluded Transactions
Notwithstanding any other provision herein, Stars shall not be earned on:
(a) The purchase price of Gift Cards;
(b) The purchase of alcoholic beverages;
(c) Applicable sales taxes, use taxes, and similar governmental charges;
(d) Tips and gratuities;
(e) Credits or discounts applied after the sale;
(f) Transactions subsequently voided, returned, refunded, or cancelled;
(g) Shipping, handling, delivery, and service fees;
(h) Purchases facilitated through third-party delivery service providers, including but not limited to DoorDash, Uber Eats, Grubhub, and similar platforms;
(i) Any other categories of transactions designated as ineligible by Lady M in its discretion.
The Qualifying Purchase amount is the final price of the goods after all instant discounts and promotions have been applied at the time of purchase.
10. Gift Card Provisions
Lady M Gift Cards, including physical cards and electronic gift cards (e-Gift Cards), are issued and administered subject to separate Gift Card Terms and Conditions, which are incorporated herein by reference and form an integral part of these Terms.
10.1 Gift Card Purchase Exclusion
The purchase of Gift Cards does not constitute a Qualifying Purchase and does not earn Stars. This exclusion applies regardless of the payment method used to purchase the Gift Card.
10.2 Gift Card Restrictions for Rewards
Lady M Rewards Stars may not be redeemed to purchase Lady M Gift Cards or any other cash-equivalent instruments, except during specific promotional events expressly authorized by Lady M Confections. Stars earned from a transaction that used a gift card as payment cannot be used to purchase additional gift cards. This policy prevents circular earn-and-redeem activity and unauthorized resale of gift cards.
10.3 Gift Card Reloading
Gift Cards may be reloaded with additional value at any time through participating boutique locations or online. Gift Cards do not expire, subject to applicable law.
11. Multi-Tender Transactions
11.1 Split Payment Accrual
When a single transaction involves payment through multiple tender types, Stars shall accrue separately for each payment portion according to the applicable accrual rate for that tender type. The total transaction amount will be allocated to each tender type used, and Stars will be earned separately for each allocated portion based on the specific accrual rate applicable to that tender.
Key Provisions:
- Tender-Based Calculation: Stars are calculated by applying the accrual rate (e.g., Standard Rate, Enhanced Gift Card Rate) for each tender type (e.g., cash, credit card, debit card, or Gift Card) to the amount settled by that specific tender.
- Independent Rounding: The "Round Down" method defined in Section 8.4 is applied independently to the Star calculation for each tender portion before the total is summed.
- Participant Responsibility: It is the Participant's responsibility to ensure the cashier applies the tenders correctly to benefit from the respective accrual rates. Lady M is not liable for Stars not earned due to point-of-sale operator error in tender application.
Example: A customer makes a Qualifying Purchase of USD $6.00 at a participating Lady M location.
- Payment: USD $3.00 is paid with a Lady M Gift Card, and the remaining USD $3.00 is paid with a credit card.
- Gift Card Portion: $3.00 x Enhanced Gift Card Rate (1.5 Stars per USD $1.00) = 4.5 Stars → 4 Stars after rounding.
- Credit Card Portion: $3.00 x Standard Rate (1 Star per USD $1.00) = 3.0 Stars → 3 Stars after rounding.
- Total Stars Awarded: 4 Stars + 3 Stars = 7 Stars.
11.2 Account Attribution
For transactions involving multiple tender types or multiple payment instruments:
(a) All Stars earned shall be credited to a single Account;
(b) Stars shall be attributed to the Account associated with the telephone number or linked payment method registered prior to transaction completion;
(c) Stars cannot be split, divided, or allocated among multiple Accounts.
In circumstances where no Account is identified prior to transaction completion, Stars shall be credited to the Account, if any, associated with the final payment instrument used in the transaction.
IV. REWARD ADMINISTRATION
12. Star Crediting and Reconciliation
12.1 Crediting Timeline
Stars from Qualifying Purchases shall be credited to Participant Accounts according to the following schedule:
(a) In-Boutique Transactions: Stars shall be credited immediately upon transaction completion.
(b) Online Transactions: Stars shall be credited within ten (10) minutes of transaction completion.
12.2 Processing Delays
Lady M shall not be liable for delays in Star crediting attributable to system maintenance, technical difficulties, force majeure events, or other circumstances beyond Lady M's reasonable control.
12.3 Account Monitoring
Participants may monitor Star balances, transaction history, available Rewards, and other Account information through the online Account dashboard accessible at https://www.ladym.com/account.
13. Star Expiration and Forfeiture
13.1 Expiration Period
Unused Stars expire at the end of the twelfth (12th) month after which they were earned. Expired Stars are automatically forfeited without compensation or notice. The Company has no obligation to reinstate or honor expired Stars.
13.2 Redemption Sequence
Stars shall be redeemed on a first-earned, first-redeemed basis (FIFO methodology).
13.3 Forfeiture Events
Stars shall be immediately forfeited, without notice or compensation, upon:
(a) Account termination for violation of these Terms;
(b) Participant request to close or delete an Account;
(c) Account inactivity exceeding the period specified in Lady M's discretionary policies;
(d) Participant death or legal incapacity; or
(e) Program termination, subject to the wind-down provisions in Section 25.
13.4 No Cash Value or Monetary Equivalent
Stars have no cash value and cannot be redeemed for cash or cash equivalents, except where required by applicable law.
13.5 Non-Transferability
Stars are for the member’s personal use only. Except as expressly permitted under Section 13.6 ("Account Merging"), Stars are not transferable and may not be sold, assigned, pledged, bartered, exchanged, encumbered, or credited to any account other than the member’s own for any reason. Any attempt to engage in a prohibited transaction will result in the forfeiture of the Stars and may lead to the termination of the member's account.
13.6 Account Merging
Notwithstanding the foregoing, a member who holds two or more verified accounts may request to merge them into a single, consolidated account. To initiate a merger, the member must contact Customer Service. We reserve the right to require verification of ownership for all accounts prior to completing the merger. Upon merging, the Star balance from the duplicate account(s) will be transferred to the primary account.
Any attempt to engage in any other transaction prohibited by this section will result in the forfeiture of the Stars and may lead to the termination of the member's account.
14. Reward Redemption
14.1 Redemption Structure
Stars may be redeemed for Rewards in increments of two hundred fifty (250) Stars, with each increment representing a discount value of ten United States dollars (USD $10.00).
Example: One thousand (1,000) Stars may be redeemed for a discount of forty United States dollars (USD $40.00).
14.2 Redemption Locations
Rewards may be redeemed:
(a) At participating Lady M boutique locations within the United States; and
(b) Through online purchases at https://www.ladym.com.
14.3 Redemption Limitations
Rewards are subject to the following limitations:
(a) Rewards may only be applied to eligible products and services;
(b) Rewards cannot be combined with certain other offers or promotions unless expressly permitted;
(c) Rewards have no cash value and cannot be exchanged for cash;
(d) Unused Reward value does not carry forward to subsequent transactions;
(e) Available Rewards may vary by location and may be modified at Lady M's discretion; and
(f) Lady M reserves the right to establish minimum purchase requirements, blackout dates, or other redemption restrictions.
14.4 Modification of Redemption Terms
Lady M reserves the right to modify redemption tiers, Reward values, available Reward items, and all other redemption terms at any time without prior notice.
15. Retroactive Star Claims
15.1 Eligibility for Retroactive Credit
Participants who did not receive proper Star credit for a Qualifying Purchase may request retroactive credit by contacting Lady M Guest Services via email at hello@ladym.com within fourteen (14) calendar days of the transaction date.
15.2 Required Documentation
Retroactive credit requests must include:
(a) Receipt number or transaction identifier;
(b) Transaction date;
(c) Transaction location;
(d) Purchase amount; and
(e) Account identification information (telephone number or email address).
15.3 Verification and Processing
Upon receipt of a properly documented request, Lady M shall:
(a) Verify the transaction details and eligibility for Star accrual;
(b) Credit eligible Stars to the Participant's Account within twenty-four (24) hours of verification; and
(c) Notify the Participant of the resolution.
15.4 Time Limitation
Requests submitted more than fourteen (14) calendar days following the transaction date are time-barred and shall not be processed.
V. LEGAL AND REGULATORY PROVISIONS
16. Privacy and Data Protection
Participant enrollment and participation in the Program are subject to the Lady M Privacy Policy, accessible at https://www.ladym.com/privacy, which is incorporated herein by reference. The Privacy Policy describes Lady M's practices regarding collection, use, storage, disclosure, and protection of personal information.
Participants are encouraged to review the Privacy Policy carefully and to direct any privacy-related inquiries to the contact information provided therein.
17. Marketing Communications and Consent
17.1 Consent to Communications
By enrolling in the Program, Participants expressly consent to receive:
(a) Transactional communications related to Program participation, including but not limited to Star balance notifications, redemption confirmations, and Account alerts; and
(b) Marketing and promotional communications, including but not limited to promotional offers, newsletters, surveys, and other marketing materials delivered via email, SMS text messaging, push notifications, or other electronic means.
17.2 Communication Frequency
The frequency of marketing communications may vary based on promotional activity, seasonal campaigns, and other factors within Lady M's discretion.
17.3 Opt-Out Rights
Participants may opt out of marketing communications at any time through the following methods:
(a) Replying "STOP" to SMS text message communications; or
(b) Utilizing the unsubscribe mechanism included in promotional email communications;
Opting out of marketing communications shall not affect Lady M's ability to send transactional or service-related communications necessary for Program administration.
18. Proprietary Rights
All intellectual property rights in and to the Program, including but not limited to trademarks, service marks, trade names, logos, designs, software, content, and technology, are and shall remain the exclusive property of Lady M or its licensors. These Terms do not grant Participants any license or right to use Lady M's intellectual property except as expressly necessary to participate in the Program.
19. Compliance and Prohibited Conduct
19.1 Legal Compliance
Participants agree to comply with all applicable federal, state, and local laws, regulations, and ordinances in connection with Program participation.
19.2 Prohibited Activities
The following activities are strictly prohibited:
(a) Engaging in fraudulent, deceptive, or manipulative conduct;
(b) Creating false or duplicate Accounts;
(c) Tampering with the Program or attempting to undermine its legitimate operation;
(d) Using automated systems, bots, or scripts to earn or redeem Stars;
(e) Exploiting errors, glitches, or loopholes in the Program;
(f) Reverse engineering, decompiling, or disassembling Program systems or software;
(g) Accessing or attempting to access another Participant's Account without authorization; or
(h) Any other conduct that Lady M determines, in its sole discretion, to be abusive or contrary to the spirit of the Program.
19.3 Consequences of Violations and Non-Compliance
To prevent fraud and arbitrage, Lady M reserves the right to audit transactions and adjust Star balances if it detects abnormal earn-and-redeem patterns, resale of gift cards purchased with Stars, or any other activity intended to manipulate the program for financial gain. Confirmed violations may result in account suspension or termination.
If Lady M determines, in its sole discretion, that a participant has violated their obligations under Section 6 or any other part of these Terms, we reserve the right to take any and all corrective actions. Such actions may include, without notice, the immediate suspension or permanent termination of the participant's account and the forfeiture of all accrued Stars. All decisions made by Lady M regarding Program compliance are final. Violation of these Terms may result in:
(a) Immediate suspension or termination of Account privileges;
(b) Forfeiture of all accumulated Stars and Rewards;
(c) Legal action to recover damages; and
(d) Referral to appropriate law enforcement authorities.
20. Governing Law and Dispute Resolution
20.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its principles of conflicts of law.
20.2 Dispute Resolution
Any dispute, claim, or controversy arising out of or relating to these Terms, the Program, or the breach, termination, enforcement, interpretation, or validity thereof shall be resolved in accordance with the dispute resolution procedures, which may include binding arbitration, set forth in Lady M's comprehensive Terms of Use.
20.3 Class Action Waiver
To the maximum extent permitted by applicable law, Participants agree that any dispute resolution proceedings shall be conducted on an individual basis and not as a class action, consolidated action, or representative action.
20.4 Jury Trial Waiver
To the maximum extent permitted by applicable law, Participants waive any right to a jury trial in any proceeding arising out of or relating to these Terms or the Program.
21. Limitation of Liability
21.1 Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PROGRAM AND ALL REWARDS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. LADY M EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
21.2 Limitation of Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LADY M OR ITS PARENT, SUBSIDIARY, OR AFFILIATED ENTITIES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATING TO THE PROGRAM, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
21.3 Cap on Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LADY M'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE PROGRAM SHALL NOT EXCEED THE DOLLAR VALUE OF THE REWARD(S) AT ISSUE OR FIFTY UNITED STATES DOLLARS (USD $50.00), WHICHEVER IS LESS.
21.4 Essential Terms
The limitations set forth in this Section 21 are fundamental elements of the agreement between Lady M and Participants. The Program would not be provided without such limitations.
22. Indemnification
You agree to indemnify, defend, and hold harmless Lady M and its parent, subsidiary, and affiliated entities, and their respective officers, directors, employees, agents, licensors, and representatives from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to:
(a) Your violation of these Terms;
(b) Your violation of any applicable law or regulation;
(c) Your violation of any third-party right, including any intellectual property right or privacy right;
(d) Any fraudulent, abusive, or unauthorized use of the Program or your Account; or
(e) Any dispute between you and another Participant.
23. Regulatory Disclosures
23.1 California Consumer Rights Notice
Pursuant to Section 1789.3 of the California Civil Code, Lady M provides the following consumer rights information to California residents:
Operator: Lady M Confections Co., Ltd.
Cost: Unless otherwise expressly stated, access to the Program website is provided without charge.
Complaints: To file a complaint or to receive further information regarding the Program, please contact Lady M at hello@ladym.com or 212-452-2222.
State Agency Contact: You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs:
- Mailing Address: 400 R Street, Suite 1080, Sacramento, California 95814
- Telephone: (916) 445-1254 or toll-free at (800) 952-5210
23.2 Additional Regulatory Compliance
Lady M complies with all applicable federal and state laws governing loyalty and rewards programs. Additional regulatory information may be found in our comprehensive Terms of Use and Privacy Policy.
VI. ADMINISTRATIVE MATTERS
24. Accessibility Commitment
24.1 Accessibility Standards
Lady M is committed to ensuring that the Program, including all associated digital properties, is accessible to individuals with disabilities. We strive to maintain substantial conformance with the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA.
24.2 Accessibility Assistance
If you encounter accessibility barriers or experience difficulty accessing any aspect of the Program, please contact our Customer Service team:
- Email: hello@ladym.com
- Telephone: +1 (212) 452-2222
We will make reasonable efforts to provide accessible alternatives or to deliver information through accessible means in accordance with applicable law.
24.3 Ongoing Commitment
Lady M continually evaluates and enhances the accessibility of the Program and welcomes feedback to improve the experience for all Participants.
25. Program Modification and Termination
25.1 Right to Modify
Lady M reserves the unilateral right to modify, suspend, or discontinue the Program, in whole or in part, temporarily or permanently, at any time and for any reason, with or without prior notice.
25.2 Platform Transition
The Program is currently administered through Square Loyalty. Lady M reserves the right to transition to alternative platform providers. In the event of a platform transition:
(a) Participants shall receive advance notice as practicable;
(b) Accumulated Stars may be subject to conversion, adjustment, or expiration based on the technical capabilities and terms of the successor platform; and
(c) Lady M shall make commercially reasonable efforts to preserve Star balances during the transition.
25.3 Program Termination Notice
In the event of Program termination, Lady M shall provide notice to Participants and shall establish a redemption period of not less than ninety (90) calendar days from the date of notice, during which Participants may redeem accumulated Stars, subject to availability and normal redemption restrictions.
25.4 No Liability for Modifications
Lady M shall not be liable to Participants or any third party for any modification, suspension, or discontinuation of the Program.
26. Breakage and Liability Management
For financial reporting purposes, the Company treats unredeemed Stars as a liability. The Company reserves the right to recognize a portion of this liability as revenue ("breakage") for Stars that are forfeited upon expiration or that the Company estimates will not be redeemed, in accordance with applicable accounting standards. This provision is for financial disclosure purposes and does not alter the member’s rights to redeem valid, unexpired Stars in accordance with these Terms.
27. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to render it valid and enforceable while preserving its intent, or if such modification is not possible, such provision shall be severed from these Terms. The remaining provisions shall continue in full force and effect.
28. Entire Agreement
These Terms, together with the Privacy Policy and any other documents expressly incorporated by reference, constitute the entire agreement between you and Lady M concerning the Program and supersede all prior or contemporaneous agreements, communications, and understandings, whether written or oral, relating to the subject matter hereof.
No waiver of any provision of these Terms shall be deemed or shall constitute a waiver of any other provision, nor shall any waiver constitute a continuing waiver unless otherwise expressly provided.
29. Contact and Customer Service
For questions, concerns, or assistance regarding the Lady M Rewards Program, please contact our Guest Services team.
Lady M Guest Services:
Lady M Confections Co., Ltd.
43-10 9th St., 2nd Floor
Long Island City, NY 11101
Telephone: +1 (212) 452-2222
Email: hello@ladym.com
Business Hours: Monday through Friday, 10 AM to 6 PM Eastern Time
ACKNOWLEDGMENT AND ACCEPTANCE
BY ENROLLING IN THE LADY M REWARDS PROGRAM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS IN THEIR ENTIRETY. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND LADY M CONFECTIONS CO., LTD.
IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO PARTICIPATE IN THE PROGRAM AND MUST IMMEDIATELY DISCONTINUE ALL PROGRAM-RELATED ACTIVITIES.
For the most current version of these Terms and Conditions, please visit https://www.ladym.com/terms