Website Terms and Conditions
Thank you for accessing www.maybelline.com.au (the "Website").
Please read these terms and conditions (the "Terms") before using the Website
which is operated by L’Oréal Australia Pty Limited (ABN 40 004 191 673), whose
registered office is at 564 St Kilda Road, Melbourne, Victoria 3004 ("L’Oréal"). By
using the Website, you signify your acceptance of the Terms in consideration of
which L’Oréal provides you with access. From time to time L’Oréal may modify
the Terms. Accordingly, please continue to review the Terms whenever accessing
or using the Website. Your use of the Website following any such change
constitutes your agreement to follow and be bound by the Terms as changed. If at
any time you do not wish to accept the Terms, you may not use the Website.
From time to time L’Oréal may run competitions and promotions via the Website.
Separate terms and conditions will be posted where applicable governing such
competitions and promotions.
While L’Oréal has endeavoured to ensure the accuracy of the information
accessed via the Website, L’Oréal does not guarantee or give any warranty as to
the accuracy, timeliness or completeness of any information or material on the
There may be links that will let you leave this Website or that will let you
access this Website from third party sites. Linked third party sites are not under
the control of L’Oréal and L’Oréal is not responsible for the contents of any such
linked site or any link contained in such a linked site. Existence of links to other
third party sites is not an endorsement by L’Oréal in favour of such site or the
products or services contained in any linked site. To the extent that this Website
contains links to or may be accessed from outside services and resources, the
availability and content of which L’Oréal does not control, any concerns regarding
any such service or resource or any link thereto should be directed to the
particular outside service or resource.
The Website, including (but not limited to) text, content, software, video,
music, sound, graphics, photographs, illustrations, artwork, photographs, names,
logos, trade marks, service marks and other material ("Content") is protected by
copyright, trade mark and/or other proprietary rights. The Content includes both
content owned or controlled by L’Oréal and content owned or controlled by third
parties and licensed to L’Oréal. All individual articles, reports, and other elements
making up the Website may be copyright works. You agree to abide by all
additional copyright notices or restrictions contained in the Website.
You may not use any of L’Oréal's trademarks or trade names without L’Oréal's
prior express written consent and you acknowledge that you have no ownership
rights in and to any of those names and marks.
You agree to notify L’Oréal in writing promptly upon becoming aware of any
unauthorised access to or use of the Website by any party or of any claim that
the Website or any of the contents of the Website infringes any copyright, trade
mark, or other contractual, statutory or common law rights of any party.
Licence And Download Rights
You acquire no rights or licences in or to the Website and/or the Content
other than the limited right to use the Website in accordance with these Terms
and to download on the terms set out in this section. Other than as set out in this
section you may not copy, reproduce, recompile, decompile, disassemble,
reverse engineer, distribute, publish, display, perform, modify, upload to create
derivative works from, transmit, or in any other way exploit any part of the
Download of Content from the Website is permitted by L’Oréal provided only that:
- (i) you make no more than one printed copy of such download and no
further copies of such printed copy are made;
- (ii) you make only personal, non-commercial use of such download
and/or printed copy; and
- (iii) you retain on such download and/or printed copy all copyright
notices and shall remain bound by the terms of such wording and notices.
Additionally, you may not offer for sale or sell or distribute over any other
medium (including distribution by over-the-air television or radio broadcast or
distribution on a computer network) the Content or any part thereof. You may not
make any part of the Website available as part of another website, whether by
hyperlink framing on the internet or otherwise. The Website and the information
contained therein may not be used to construct a database of any kind, nor may
the Website be stored (in its entirety or in any part) in databases for access by
you or any third party or to distribute any database websites containing all or
part of the Website.
If you would like information about obtaining L’Oréal's permission to use any
of the Content or if you would like to link your website to the Website, email your
enquiry to the L’Oreal Consumer Affairs Department at 564 St Kilda Road,
Melbourne, Victoria 3004 or by telephone on 1300 659 359 or by email email@example.com
The Website and the Content are provided "as is". L’Oréal excludes all
guarantees and warranties of any kind, either express or implied, to the fullest
extent permissible pursuant to applicable law including (but not limited to) the
exclusion of guarantees and warranties of title, merchantability, satisfactory
quality, fitness for a particular purpose and non-infringement of proprietary or
third party rights. L’Oréal further accepts no responsibility or liability for functions
contained on the Website and makes no guarantees or warranties that the
Website will operate uninterrupted or error-free or that defects will be corrected.
Please note that some jurisdictions do not allow the exclusion of implied
guarantees and warranties, so some or all of the above exclusions may not apply
L’Oréal does not warrant that the Website is compatible with your computer
equipment or that the Website or its server is free of errors or viruses, worms or
"Trojan horses" and L’Oréal is not liable for any damage you may suffer as a
result of such destructive features.
L’Oréal shall not be held responsible for Content provided by third parties. L’Oréal
is also not responsible for the reliability or continued availability of the telephone
lines and equipment you use to access the Website.
These Terms do not affect your statutory rights or your legal rights as a
consumer. Where terms are implied by statute, they are excluded to the extent
permissible by law. If they cannot be excluded, L’Oréal’s liability will (where
permissible by law) be limited to:
- in the case of the supply of goods: the replacement of the goods or
the supply of equivalent goods, or the repair of the goods, or the payment of the
cost of replacing the goods or of acquiring equivalent goods, or the payment of
the cost of having the goods repaired, at L’Oréal’s election; and
- in the case of the provision of services: the supplying of the services
again, or the payment of the cost of having the services supplied again, at
Limitation Of Liability
You acknowledge that your use of the Website, including the Content, is at
your own risk. If you are dissatisfied with the Website, the Terms, or any or the
Content, your sole remedy is to discontinue use of the Website.
To the extent permitted by law, L’Oréal excludes all liability to you and all third
parties for any direct, special, indirect, consequential or incidental costs, losses,
expenses and damages, exemplary or lost profits, or any other damages of any
kind incurred in any way (including negligence), even if L’Oréal has been advised
of the possibility thereof, connected with any use or access to the Website.
Local Laws And Regulations
The Website is not directed at any person in any jurisdiction where for any
reason the publication or availability of the Website is prohibited. Those in
respect of whom such prohibitions apply must not access the Website.
L’Oréal does not represent that either the Website or the Content are appropriate
for use or permitted by local laws in all jurisdictions. Those who access the
Website do so on their own initiative and are responsible for compliance with
applicable local laws or regulations; legal advice should be sought in cases of
You agree to indemnify, defend, and hold harmless each of L’Oréal, its
employees, representatives and agents, from and against any claims, actions,
demands or other proceedings brought against any of L’Oréal, its employees,
representatives or agents, by a third party, to the extent that such claim, suit,
action or other proceeding brought against L’Oréal, its employees,
representatives, suppliers, or agents is based on or arises in connection with:
- (i) your use of the Website;
- (ii) any breach by you of the Terms;
- (iii) a claim that any use of the Website by you:
- (a) infringes any intellectual property rights of any third
party, or any right of personality or publicity, or
- (b) is libellous or defamatory, or otherwise results in
injury or damage to any third party;
- (iv) any deletions, additions, insertions, or alterations to,
or any unauthorised use of, the Website by you; or
- (v) any misrepresentation or breach of representation or
warranty made by you.
References in this section of the Terms to your use of the Website shall be
deemed to include any use by a third party where such third party accesses the
Website using your computer.
You agree to pay L’Oréal, its employees, representatives and agents any and all
costs, damages, and expenses (including reasonable legal fees) awarded against
any of them or otherwise incurred by any of them in connection with or arising
from any such third party claim, suit, action or proceeding attributable to any
such third party claim.
L’Oréal has the right to terminate or suspend operation of the Website, for
any or no reason, without notice and without liability.
Changes To The Website
You accept that L’Oréal has the right to change the content or technical
specifications of any aspect of the Website at any time at L’Oréal's sole
discretion. You further accept that such changes may result in your being unable
to access the Website.
Transmission And Feedback Of Information
Any personal information you transmit through this Website is subject to
You are prohibited from transmitting to or from this Website any unlawful,
threatening, libellous, defamatory, obscene, inflammatory or pornographic
material or other material that could give rise to any civil or criminal liability
You agree that L’Oréal may use and/or disclose information about your
demographics and use of the Website in a manner that does not reveal your
Severance & Waiver
If any provision of the Terms is found to be invalid by any court having
jurisdiction, the invalidity of such provision shall not affect the validity of the
remaining provisions of the Terms, which shall remain in full force and effect. No
waiver of any term of the Terms shall be deemed a continuing waiver of such
term or any other term.
Except as provided herein, the Terms are the entire agreement between us
relating to the Website and supersede any prior understanding or agreements
(written or oral).
GOVERNING LAW AND JURISDICTION
The Terms are governed by the laws of Victoria, Australia and the parties
submit to the exclusive jurisdiction of the courts of Victoria.