TERMS & CONDITIONS – M·A·C
Welcome to the M·A·C Australia Website (the "Site").
By accessing or using the Site, you accept and acknowledge that you have read, understand, and agree, to be bound by these Terms and Conditions. You may also be required to confirm your agreement to these Terms and Conditions when interacting with the Site, such as when you register an account.
2. Products and Services for Personal Use
2.1 The products and services described on the Site, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us.
2.2 We reserve the right (acting reasonably), upon written notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you if we believe it may result in a violation of our Terms and Conditions. If we cancel an order, we will promptly re-imburse to you any amount paid in respect of the order. In the event of a reduction or variation in the quantity of an order, you will only be charged for the price of the products or services which are the subject of the varied order.
3. Purchase Related Policies and Procedures
To view policies and procedures related to orders placed through this Site (such as order processing, shipping and handling, returns and exchanges), click here.
4. Accuracy of Information
We attempt to be as accurate as possible when describing our products on the Site; however, on rare occasions the product descriptions, colours, information or other content available on the Site may not be accurate, complete, reliable, current, or error-free. If you have placed an order and we become aware of any such inaccuracy or error, we will promptly notify you in writing. If we have accepted your order we will refund you the purchase price, including any delivery fees (if charged), if you no longer wish to receive the order.
5. Intellectual Property
5.1 All information and content available on the Site and its “look and feel”, including but not limited to trade marks, logos, service marks, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the "Content") is the property of M·A·C Australia Online, our parents, subsidiaries, affiliates, partners or licensors, and is protected by United States and international laws, including laws governing copyrights and trademarks.
5.2 Except as set forth in the limited licenses in Section 6 below, or as required under applicable law, neither the Content nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.
6. Limited Licenses
6.1 We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Site. This limited license does not include the right to: (a) frame or utilize framing techniques to enclose the Site or any portion thereof; (b) republish, redistribute, transmit, sell, license or download the Site or any and/or all Content (except caching or as necessary to view the Site); (c) make any use of the Site or any and/or all Content other than personal use; (d) modify, reverse engineer or create any derivative works based upon either the Site or any and/or all Content; (e) collect account information for the benefit of yourself or another party; (f) use any meta tags or any other "hidden text" utilizing any and/or all Content; or (g) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. You must retain, without modification, all proprietary notices on the Site or affixed to or contained in the Site.
6.2 All powers (if any) conferred on you by section 26 of the Trade Marks Act 1995 (Cth) are expressly excluded.
6.3 We also grant you a limited, revocable, and non-exclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to the Site (a) may link to, but not replicate, any and/or all of our Content; (b) may not imply that we are endorsing such website or its services or products; (c) may not misrepresent its relationship with us; (d) may not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages; (e) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and (f) may not link to any page of the Site other than the home page. We may, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking.
6.4 In the event of any unauthorised use by you of the Site or any and/or all of our Content, we will notify you in writing and the limited licenses set forth in this Section 6 will automatically terminate without prejudice to any other remedy provided by applicable laws or these Terms and Conditions.
7. Your Obligations and Responsibilities
7.1 In the access or use of the Site, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Site. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site.
7.2 Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or wilfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to M·A·C Australia Online, our affiliates, partners or licensors except to the extent such losses or damages are due to an act or omission of us or our affiliates, partners or licensors.
8. Your Account
8.1 You may choose to register at our Site if you are over 18 years of age. Do not register if you are not over 18 years of age. If you are over 18 years of age and do register, you will have an email address/username and password for your account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer to the extent necessary to maintain the confidentiality of your account details. You are responsible for keeping your account information current, complete, accurate and truthful.
8.2 You agree to accept responsibility for all activities that occur under your account, username and/or password. You agree to provide only current, complete, accurate and truthful information to us in relation to the creation and operation of your account.
8.3 If you are accessing and using the Site on someone else’s behalf, you represent that you have the authority to bind that person to all Terms and Conditions provided herein, and to the extent you do not have such authority, you agree to be bound to these Terms and Conditions and to accept liability, to the maximum extent permitted by law, for harm caused by any wrongful use of the Site or Content resulting from your access or use.
8.4 We reserve the right to refuse service and/or terminate your account upon prior written notice if these Terms and Conditions are violated.
9. Third Party Links
9.1 To the maximum extent permitted by law, we are not responsible for and have no control over the content of any third party websites linked to or from the Site.
9.2 Third party website links appearing on the Site are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier.
9.3 Your linking to or from any third party websites is at your own risk.
9.4 Unless otherwise required by law, we are in no way responsible for examining or evaluating, and we do not warrant the offerings of, any third party websites linked to or from the Site, nor do we assume any responsibility or liability to the extent we have no control over the third party websites, for the actions, content, products, or services of such pages and third party websites, including, without limitation, their privacy policies and terms and conditions.
9.5 You should carefully review the terms and conditions and privacy policies of all third party websites that you visit.
10. Special Features, Functionality and Events
11.1 It is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with regard to unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas or other information you provide us (collectively, "Submissions") will be treated as non-proprietary and non-confidential (unless otherwise agreed or required by law).
11.3 We reserve the right to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign the Submission in any way as we see fit, including but not limited to copying in whole or in part, creating derivative works from, distributing and displaying any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, or using the Submission within or in connection with our products or services.
11.4 You also acknowledge that your Submission will not be returned to you and we may (unless otherwise required by law) use your Submission, and any ideas, concepts or know how contained therein, without payment of money or any other form of consideration, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.
11.5 If you make a Submission, you represent and warrant that you own or otherwise are entitled to grant the rights to your Submission without infringement or contravention of the rights of any third party. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam."
11.6 You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission.
11.7 You further consent to any alleged or actual infringements of any moral rights, including rights of attribution, in connection with any copyright works contained in any Submissions and, to the full extent permitted by law, waive all rights to any claims against us with respect to any such alleged or actual infringements.
11.8 You agree to indemnify us for any loss, damages or costs resulting from any Submission or any third party claims to any rights in any Submission, except to the extent such loss, damage or costs or third party claims are caused by our act or omission, including our modification of the Submissions in accordance with Section 11.3.
12. User Content
12.1 When you transmit, upload, post, e-mail or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials ("User Content") on the Site, you are entirely responsible for such User Content. Such User Content constitutes a Submission under Section 11 above.
12.2 You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing or otherwise making available on the Site User Content that:
(a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise wrongfully discriminatory or objectionable;
(b) you do not have a right to make available under any law or under contractual or fiduciary relationships;
(c) is known by you to be false, inaccurate or misleading;
(d) you were compensated for or granted any consideration for by any third party; or
(e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
12.3 In addition, you agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of "spam."
12.4 You further agree not to:
(a) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
(b) "stalk" or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way;
(c) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content;
(d) intentionally or unintentionally violate any applicable local, state, national or international law; or
(e) collect or store personally identifiable data about other users.
12.5 Unless otherwise required by law, we do not endorse or control the User Content transmitted or posted on the Site and therefore, we do not guarantee the accuracy, integrity or quality of User Content.
12.6 You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. To the maximum extent permitted by law, under no circumstances will we be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Site except to the extent such loss or damage is caused by our act or omission.
12.7 Unless otherwise required by law, you acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content.
12.8 Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and we reserve the right to refuse service and/or terminate accounts upon notice in writing for any users who violate these Terms and Conditions or infringe the rights of others.
13. Copyright Complaints
We respect the intellectual property of others. If you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail or written notice to our Designated Agent for notices of infringement and provide the following: (a) identification of the copyrighted work(s) that you claim has been infringed and confirmation that you are the copyright owner or authorized to act on the copyright owner's behalf; (b) a description of the material that you claim is infringing and the location of that material on the Site; (c) your address, telephone number and email address.
You can contact our designated agent for notifications of claimed copyright infringement at:
Copyright Agent c/o Legal Department
The Estée Lauder Companies Inc.
767 Fifth Avenue
New York, NY 10153
NOTE: THE ABOVE CONTACT INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING US THAT COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS AND SHOULD BE DIRECTED TO OUR CUSTOMER SERVICE GROUP BY CONTACTING US.
14. Representations and Warranties; Limitation of Liability
14.1 TO THE FULL EXTENT PERMITTED BY LAW (INCLUDING THE AUSTRALIAN CONSUMER LAW) THE SITE IS PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS, GUARANTEES OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS, GUARANTEES AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE, INCLUDING UNDER THE AUSTRALIAN CONSUMER LAW.
14.2 CERTAIN CONSUMER PROTECTION LEGISLATION, INCLUDING THE AUSTRALIAN CONSUMER LAW, MAY CONFER RIGHTS AND REMEDIES ON YOU WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED ("NON-EXCLUDABLE RIGHTS"). THESE TERMS AND CONDITIONS MUST BE READ SUBJECT TO THESE STATUTORY PROVISIONS. NOTHING IN THESE TERMS AND CONDITIONS IS INTENDED TO EXCLUDE, RESTRICT OR MODIFY YOUR NON-EXCLUDABLE RIGHTS EXCEPT TO THE EXTENT PERMITTED BY APPLICABLE LAW.
14.3 YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (INCLUDING THE AUSTRALIAN CONSUMER LAW) AND OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS AND CONDITIONS, WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF THIRD PARTY LINKS ON THE SITE; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES (f) ANY INACCURACIES OR OMISSIONS IN CONTENT BEYOND OUR REASONABLE CONTROL OR (g) EVENTS BEYOND OUR REASONABLE CONTROL.
14.4 FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE TO THE OTHER IN RESPECT OF ANY CLAIM FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR LOSS OF PROFITS, REVENUE OR INTEREST RELATED TO THE SITE OR USE THEREOF REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14.5 IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS AND CONDITIONS EXCEED ONE HUNDRED AUSTRALIAN DOLLARS (AUD $100.00) UNLESS WE CANNOT LEGALLY EXCLUDE OUR LIABILITY TO YOU FOR SUCH AMOUNTS.
15.1 You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your use of the Site or breach of these Terms and Conditions except to the extent such loss, damages or costs arise as a result of our act or omission.
15.2 You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure except to the extent such loss, damages or costs arise as a result of our act or omission.
Your use of this Site and these Terms and Conditions shall be governed by the laws of New South Wales. Any dispute, claim or controversy shall be referred to and finally resolved by the courts in New South Wales, and the parties hereto submit to the non-exclusive jurisdiction of the courts of New South Wales.
17. Consent to Receive Notices Electronically by Posting on the Site and Via Email
17.1 You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which these Terms and Conditions refer from us electronically including without limitation by e-mail. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing.
17.2 To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by contacting us and discontinue your use of this Site. In such event, all rights granted to you pursuant to these Terms and Conditions, including but not limited to the limited licenses set forth in Section 6 hereof, shall automatically terminate.
17.3 Unfortunately, we cannot provide the benefits of this Site to any user that cannot consent to receipt of Notices electronically.
18.1 You acknowledge and agree that these Terms and Conditions constitute the complete agreement between us concerning your use of the Site, and to the maximum extent permitted by law supersede and govern all prior proposals, agreements, or other communications.
18.2 We reserve the right, to change these Terms and Conditions at any time by posting the changes on the Site and providing written notice of such change. Any changes are effective immediately upon posting to the Site and release of notice of such change. You may be required to click to accept the most current version of the Terms and Conditions before you use the Site. You can review the most current version of the Terms and Conditions at maccosmetics.com.au/terms-conditions If at any point in time, you do not agree to be bound by and accept the Terms and Conditions, you should not use the Site and should immediately exit the Site.
18.3 We do not promise to continue to offer or maintain the Site online. We may withdraw it from use in accordance with our business strategy from time to time. Accordingly we may, with prior written notice, terminate any or all of the rights granted by these Terms and Conditions.
18.4 If you violate these Terms and Conditions, we may upon prior written notice, terminate any or all of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.
18.5 Nothing contained in these Terms and Conditions shall be construed as creating any agency, employment, partnership, or other form of joint enterprise between us.
18.6 Our failure to require your performance of any provision in these Terms and Conditions shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision of these Terms and Conditions be taken or held to be a waiver of the provision itself.
18.7 In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, it will be read down or severed to the extent of the unenforceability or invalidity and such unenforceability or invalidity shall not render the remainder of the Terms and Conditions unenforceable or invalid.
18.8 If you have any questions regarding these Terms and Conditions, please contact us email us.
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