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Terms and Conditions

Effective Date:  5 November 2014

  • Terms & Conditions (Australia)

o   These Terms of Use are between you and Jurlique International Pty. Limited (ABN 40 064 901 131), ("Jurlique”, the "Company”, “we”, “us”, “our”) and govern your use of the Jurlique online store, e-commerce platform and website located at www.jurlique.com.au, and Jurlique mobile and social media applications that link to these Terms of Use (together, the "Services”). In consideration of the right to access and use the Services, you agree to the terms and conditions of use set forth herein, along with any rules, policies and procedures that Jurlique may institute from time-to-time (these "Terms of Use”).

These Terms of Use apply to the Services currently offered by Jurlique as well as Services that may be offered in the future.

YOUR USE OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT AND INDICATES YOUR WILLINGNESS TO BE BOUND BY THESE TERMS OF USE.

  1. Jurlique may present information and content, including but not limited to, articles, opinions, text, statistics, data, product information, time stamps, software applications, commentary, advertisements, graphics, photographs, illustrations, calendars, designs, games, reviews, video and audio files, buttons, icons, programs and code, in addition to User Generated Content (as defined herein) (collectively, "Content"), that is owned or licensed by the Company. The Services may also include materials, applications and information owned by third parties and made available through the Services by virtue of a license, grant or some other form of agreement between the third party and Jurlique.

Other than where required by law,Jurlique is not responsible for inaccurate information provided through the Services and makes no representations as to the accuracy, reliability, timeliness or completeness of Content, including without limitation the description, availability or effectiveness of any product. Other than where required by law, Jurlique does not assume any liability for any loss that may result from the reliance by any person upon any Content provided on through the Services.

Services. Through the Services, you may be able to review Content, set up a user account, upload and download files, register for membership, make purchases, sign up for contests, communicate and establish relationships with other users, and post photographs, video and audio clips, reviews, information, opinions and comments. Jurlique reserves the right to change, suspend and discontinue any aspect of the Services at any time including, but not limited to, the nature of the Services offered, databases, hours of availability, and software needed for access or use. Notwithstanding anything herein to the contrary, Jurlique reserves the right to permit or restrict any user’s access to the Services in its sole and absolute discretion, including the termination of user accounts in the event of a breach of these Terms of Use by the user.

Profiles, Blogs and Boards. Jurlique offers original and third party information through the Services. You may be invited to provide personal information, custom screen names, icons and other profile information (collectively, "Profile Information”), and you may be permitted to comment on, post, transmit or submit messages, commentaries, reviews, testimonials, concepts, techniques, and other information and materials, which may include (without limitation) uploading files, participating in chat sessions, providing Profile Information and engaging with other users of the Services (collectively, and together with Profile Information, "User Generated Content").When you submit, publish, post or display User Generated Content through the Services by creating a profile, connecting with other users, or posting Content to any blog, board or forum (collectively, "Forums”) you agree to strictly limit yourself to the subject matter for which the Forums are intended and to comply with these Terms of Use.

User Generated Content. Jurlique does not endorse or have any control over User Generated Content submitted by you or others and accepts no responsibility whatsoever in connection with or arising from any content posted by any user. User Generated Content submitted through the Services is not necessarily reviewed by Jurlique prior to posting or at any time. If the Company chooses, in its sole discretion, to monitor any Forums, the Company nonetheless assumes no responsibility for User Generated Content, no obligation to modify or remove any inappropriate or inaccurate User Generated Content, and no responsibility for the conduct of the user submitting any User Generated Content.

To the extent permitted by law, the Company makes no warranties, express or implied, as to the suitability, accuracy or reliability of any files, data, ideas, information, opinions, reviews, communications, messages, posts, transmissions or other content and materials, including User Generated Content, accessible on or through the Services. Nonetheless, the Company reserves the right to prevent you from submitting User Generated Content and to edit, restrict and/or remove any User Generated Content for any reason, including but not limited to content that violates these Terms of Use or is otherwise inappropriate, at any time. You agree that Jurlique shall not be liable if we prevent, in our sole discretion, your User Generated Content from being distributed or posted, or we edit, restrict or remove it. You also agree to permit any other user of the Services and any third-party website on which your User Generated Content may be included, to access, view, store and reproduce such material, including any public portions of your Profile Information, for their individual use.

Certain portions of the Services may offer you the ability to send (by e-mail or otherwise) messages directly to Jurlique or another user. To the extent permitted by law, the Company shall have no liability for any delay, loss or damage that may result from your use of such features or from interception or unauthorised use by third parties of any information you send through our systems. You are solely responsible for your interactions with other users on and through the Services.

User Disputes. Jurlique reserves the right - but has no obligation to monitor - disputes between users. In the event a dispute arises between you and Jurlique or any third party, please e-mail the Company at customercare@jurlique.com.auand we will work quickly towards a resolution. Jurlique will attempt to address all complaints pertaining to illegal, harassing, offensive, fraudulent or otherwise inappropriate conduct or activity. However, we encourage you to immediately report threatening or illegal third party conduct to local law enforcement.

Ownership and Use of Content. Except as otherwise set forth herein, as between you and Jurlique, all Content is owned by Jurlique and is protected by worldwide copyright laws and treaty provisions, unless otherwise indicated. You may make and use printouts of the Content for your personal, non-commercial use only, provided that the printouts retain all copyright, trademark and other proprietary notices. Use of the Content on any other website or in a networked computer environment for any purpose, or any other republication or redistribution of the Content, including, without limitation, framing the Content within another website, is expressly prohibited without the prior written permission of Jurlique. Please contact us at customercare@jurlique.com.au with any licensing inquiries.

In addition to the above, except as described by the limited licenses herein, or required by law, neither Content nor any portion of the Services may be used, reproduced, duplicated, copied, sold, resold, modified or exploited in whole or in part for any purpose without the express written consent of Jurlique.

Jurlique shall not (a) be subject to any obligations of confidentiality regarding any User Generated Content except as specified in Jurlique’s Privacy Policy, as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed to by us in writing or required by law; (b) be obligated to compensate you or any third party for any User Generated Content; or (c) be required to accept or respond to any submission of User Generated Content.

By providing information or posting Content through the Services, you hereby grant the Company a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free right and license to use, copy, edit, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, create derivative works from and edit any such Content for any purpose, commercial, advertising, or otherwise, on or in connection with any product, the Services or the promotion thereof. Jurlique does not assert ownership over your User Generated Content; rather, as between us and you, subject to the rights granted to us herein, you retain full ownership of User Generated Content created by you.

By submitting User Generated Content on or through the Services, you represent to the Company that such content is original, you are its rightful owner or that you have first obtained permission from the rightful owner to submit it, and that you have the authority to assign and license to the Company the rights described herein. You acknowledge that the Company has relied upon this representation. Accordingly, you further agree to defend and hold harmless the Company, its parents, affiliates and subsidiaries, together with their respective employees, agents, officers, directors, shareholders and licensees (the "Jurlique Parties”), from and against any and all threats and claims of alleged or actual infringements of any intellectual property rights, proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution raised by any third party against the Jurlique Parties in connection with your User Generated Content and reimburse the Jurlique Parties for any loss, damage or costs incurred as a result.

Advertisements and Third Party Content. From time to time, we may incorporate advertising, information, features and services provided by other users or third parties ("Third Party Content”). Third Party Content, whether or not provided by us, does not imply our endorsement, approval, or verification of such Third Party Content or the policies, products or services of any third party. We do not always review Third Party Content and to the extent permitted by law, we are not responsible or liable for its quality, availability or completeness, or its compliance with any law, rule or regulation. By providing access to Third Party Content, Jurlique is not recommending the products or services of any third party. Subject to the terms of the applicable service or other applicable agreements, we may remove Third Party Content upon written request by its owner or licensor. Please consult the Terms of Use and Privacy Policy applicable to such Third party Content prior to using it.

Limitation of Use. You agree that you will neither post nor submit any User Generated Content that:

  • is unlawful, threatening, obscene, vulgar, pornographic, profane or indecent, including any communication that constitutes (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law;
  • violates the copyright, trademark or other intellectual property rights of any other person or Jurlique;
  • is false, inaccurate or misleading or improperly assumes or claims the identity, characteristics or qualifications of another person;
  • imposes an unreasonable or disproportionately large load on any infrastructure supporting the Services;
  • is for the purpose of spamming or promoting goods or services without our prior authorisation;
  • is fraudulent or involves the distribution or sale of illegal, counterfeit, or stolen items;
  • contains any virus, Trojan horse, worm, time bomb, cancelbot, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, or other harmful component; or
  • is libellous or invasive of privacy or publicity rights or any other third party rights.

Furthermore, Jurlique grants you a limited, revocable and non-exclusive license to access and make personal use of the Site, and you acknowledge and agree that you will not: (i) conduct yourself in any manner that may result in disputes, arguments or altercations with other users of the Services or any third parties that you encounter as a result of using the Services; (ii) collect or store personal information about other users of the Services, including collecting user names or e-mail addresses of users by electronic or other means for the purpose of sending unsolicited e-mail, (iii) upload, e-mail or otherwise transmit any material or User Generated Content that contains viruses or any other computer code, files or programs that might interrupt, limit or interfere with the functionality of any computer software, hardware, database or file that is owned, leased or used by Jurlique, the Services, or their users; or (iv) submit unwanted messages by e-mail or otherwise or post User Generated Content that disparages or insults any user or Jurlique.

Contests.  By participating in any contest, drawing, game or competition organised or sponsored by Jurlique (each, a "Contest”), you agree that your entry will be treated as User Generated Content for purposes of these Terms of Use, and that you will not be entitled to additional compensation for such participation or entry unless (and then only to the extent) expressly set forth in the applicable Contest rules. The Jurlique Parties do not assume responsibility for any liability for loss, harm, damage, injury, cost and expense whatsoever which may occur in connection with, participating in any Contest, preparing any Contest entry, accepting any Prize in connection therewith, except to the extent any loss, harm, damage, injury, cost and expense is due to the negligence or wilful misconduct of a Jurlique Party or otherwise cannot be excluded by law. The Company reserves the right, in its sole discretion and without notice, to cancel, terminate, modify, extend or suspend any Contest if fraud, technical failure or any such factor beyond the Company's reasonable control adversely affects the Company's ability to conduct a Contest as contemplated by these Terms of Use or any separate applicable terms, subject where necessary to approval of the relevant lottery authority. You acknowledge that such Contests may be subject to terms and conditions or other rules in addition or in lieu of these Terms of Use and that such Contests may be offered by us or by third parties. If you choose to participate in any Contest, you agree to be subject to these additional or separate terms and conditions or other rules. By participating in a Contest, you agree to the collection and use of your personal information by Jurlique and its affiliates and acknowledge that you have read, understood and accepted the terms of the Company’s Privacy Policy.

Intellectual Property. Jurlique and third party trademarks and service marks may or may not be designated as such from time-to-time through the SM, TM or ® symbols. Except when included in any authorised printouts of the Content, you are not authorised to make use of any names, logos or taglines posted through the Services, whether or not designated by such symbols, including without limitation as metatags or in any other fashion without the express prior written permission of the Company in each instance. Nothing herein grants you any right, title or interest in any Jurlique names, trade names, trademarks, service marks, taglines, logos, patents, patent applications, formulas, technology or designs (whether or not the subject of a patent application) (together, "Jurlique IP”). At no time during or after the term of this Agreement shall any user, either directly or through any third party or agent (i) challenge or assist others to challenge the Jurlique IP or the registration thereof; (ii) attempt to use or register any designs, trademarks, marks, trade names, or trade dress confusingly similar to the Jurlique IP, or domain names incorporating any of the same; or (iii) incorporate any Jurlique IP into any third party designs, trademarks, product names, service marks, company names, domain names, or any other similar designations, without the prior written consent of the Company. If, at any time, you acquire any rights in, or domain name, trademark or service mark registrations or applications for, any Jurlique marks, names or designations by operation of law or otherwise, you will immediately upon request from Jurlique, and at no expense to Jurlique, assign such rights, registrations and applications to Jurlique or its designee.

If you have reason to believe that your copyright has been infringed, please send an email or written notice to our Designated Agent, Rebecca Michelides by email at copyright.agent@jurlique.com.au or by post c/- Jurlique, Level 9, 515 Castlereagh Street, Sydney NSW 2000, Australia or by phone on +61 2 9333 7643, for notices of infringement and provide the following information: (i) identification of the copyrighted work(s) that you believe has been infringed and confirmation that you are the copyright owner or authorised to act on the copyright owner’s behalf; (ii) description of the material that you claim is infringing and location of the material in our Services; (iii)_your contact information including your address, telephone number and email address.

Note: All powers (if any) conferred on you by section 26 Trade Mark Act 1995 (Cth) are expressly excluded.

Registration and Security. In connection with your use of the Services, you may establish or otherwise receive Jurlique user IDs, passwords and other security codes ("User Codes") that you may need in order to access and use certain portions of the Services.

You agree to provide true, accurate, current and complete information about yourself as prompted by any registration forms ("Registration Information") and maintain and promptly update the Registration Information to keep it true, accurate, current and complete. You hereby authorise Jurlique, directly or through third parties, to make any inquiries we consider necessary to validate your Registration Information. Jurlique reserves the right to pursue legal actions against all persons who misrepresent personal information in any transactions or are otherwise untruthful about their identity, and to suspend or cancel accounts registered with inaccurate or incomplete information. Notwithstanding the foregoing, you acknowledge that Jurlique cannot guarantee the accuracy of any information submitted by any user, nor any identity information about any user.

You are responsible for maintaining the confidentiality of your User Codes. You agree that you will be fully responsible for all activities that occur utilizing your User Codes, and that Jurlique has no duty to inquire as to the authority or propriety of instructions provided via your User Codes, or to otherwise verify the identity of anyone using your User Codes. You agree that Jurlique shall not be responsible for damages or losses resulting from any breach of security caused by loss or your failure to maintain the confidentiality of your User Codes. If you permit access to your User Codes by third parties, then you agree to defend, be responsible for and hold Jurlique harmless against any liability, losses, damages or costs and expenses (including attorneys' fees) arising out of, or resulting from, such access and related use of the Services. You also agree to immediately notify Jurlique if you become aware of any loss or theft of your User Codes or any unauthorised use of your User Codes. Jurlique reserves the right to block your User Codes if Jurlique considers it necessary to do so, including due to a breach of these Terms of Use or wilful misconduct by a user.For your protection, Jurlique may require the use of encryption technologies for certain types of communications conducted through the Services. While we may provide those technologies and might use other reasonable precautions to protect confidential information and provide suitable security, we do not guarantee or warrant that information transmitted through the internet or any data network is secure, or that such transmissions will be free from delay, interruption, interception or error.

Site Transactions  Products offered through the Services are offered subject to availability. We do not accept any backorders or orders that note the address of a freight forwarding company as the order delivery address. We also only allow a maximum of eight (8)  items of any specific product per order. While we do our best to ensure that product and pricing information is current and complete, Jurlique is not liable to the extent permitted by law, for inaccurate information or for any information that has been omitted or is out of date. Prices for products are quoted in AUD dollars and are valid only in Australia. Jurlique may, from time to time, offer promotions for shipping and other discounts on product purchases. To qualify for free Registered Post shipping, your expenditure must be $100.00 or more. We reserve the right to suspend any such promotions, update product information, change prices and adjust shipping and handling fees at any time without notice. Furthermore, we reserve the right to refuse or cancel any order you place with us at our sole discretion, including but not limited to, orders that note the address of a freight forwarding company as the order delivery address. In the event we cancel an order, we will attempt to notify you using the contact information provided at the time the order was made. If the order has been cancelled and payment has been processed we will refund to you the full payment amount.

Any Samples provided are for personal use only. You may not sell or resell any of the products, or samples thereof, you purchase or otherwise receive from us. By entering into any transaction through the Services, you warrant and represent that all information you provide is true and correct (including, without limitation your credit card information and billing address), that any credit card transactions submitted by you are authorised, and that you are the legal holder of any credit card or payment account used to enter into any transaction through the Services. Furthermore, you warrant and represent that you are not a dealer, reseller or distributor. If, in our sole discretion, we determine that (a) your means of payment is not valid, (b) a transaction is not authorised, (c) your means of payment cannot be processed or verified at the time of any charge (d) a charge is disputed for any reason other than failure by Jurlique to deliver the product purchased by you, (e) you have abused or misused promotions or promotion codes, or (f) you have otherwise used the Services to enter into an improper transaction, the Company reserves the right to immediately terminate any pending transactions, suspend your access to the Services, and terminate all of Jurlique's obligations hereunder.

Notwithstanding anything herein to the contrary, if you dispute any payment transaction, you will notify Jurlique of the dispute within 60 days from the date of the applicable transaction and use reasonable, good faith efforts to resolve such dispute with Jurlique directly. You can e-mail details regarding your dispute to customercare@jurlique.com.au. You must pay for goods at the time you place your order. You may pay using the agreed purchase methods which are set out on the relevant payment page within the Services.

We will take payment for all amounts owing at the time of processing your order.  Payment must be cleared before goods will be despatched to you.

Delivery. Once your order has been accepted, Jurlique will process your order by packing and arranging for delivery of the goods to you.

Jurlique  will determine the most appropriate means of delivering goods to you depending on your location and any election of delivery method received from you where the Services  permit such an election.

Depending on your location within Australia, the delivery time will usually be within 7 to 10 business days from the time that Jurlique processes your order.  We cannot guarantee or provide a day of the week or time of day for delivery.

We accept no responsibility for deliveries to incorrect or incomplete addresses provided by customers.  If you provide an incorrect address and delivery is completed, you will be responsible for the purchase.  If you provide an incorrect address and delivery is not completed, the order will be returned to us and you will be responsible for any charges incurred in re-delivering the goods to the correct address.

Risk and title in goods purchased from the Company will pass to you upon delivery of the goods at your nominated delivery address.  We accept no responsibility for damage caused to goods after delivery.

Prices and Payments.  You agree to pay all charges and fees applicable to your transaction, including without limitation, sales taxes and shipping and handling, in accordance with the billing terms that were in effect at the time the charges or fees became payable. In compliance with Australian law, all prices are GST inclusive. Jurlique reserves the right to change the amount of, or the basis for determining, any charges or fees and to institute new charges or fees (such new charges or fees will only be instituted with prior notice to you).

  1. All returns must be made within a reasonable time, preferably 45 days from purchase. All merchandise must be accompanied by a valid receipt. Where product is unused, the customer is entitled to an exchange or refund to the same method of payment as the initial purchase. Subject to our obligations under the Australian Consumer Law : (a) where less than 30% of the product has been used, the customer is entitled to an exchange only; (b) where more than 30% of the product has been used, NO refund or exchange can be given; (c) no exchange or refund applies to gift vouchers or promotional items.. Jurlique is committed to its obligations to consumers under the Australian Consumer Law. Each request for an exchange or refund will be dealt with on its merits in accordance with Jurlique's legal obligations.
  2. Not all of the Services are available in all geographic areas, and we reserve the right to restrict any user from the Services at any time, without notice. The Services are not directed at, or intended for distribution to or for use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or any jurisdiction or country that would subject Jurlique or its licensees or affiliates to any registration requirement within such jurisdiction or country.
  3. THE SERVICES AND CONTENT ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WHICH ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE TO ANY USER FOR ANY ACTS OF FRAUD, THEFT, MISAPPROPRIATION, TAMPERING, HACKING, INTERCEPTION, PIRACY, MISUSE, MISREPRESENTATION, DISSEMINATION, OR OTHER ILLEGAL OR UNAUTHORISED ACTIVITIES OF THIRD PARTIES

THE AUSTRALIAN CONSUMER LAW MAY IMPLY WARRANTIES OR CONDITIONS OR IMPOSE OBLIGATIONS UPON JURLIQUE THAT CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED OR EXCLUDED, RESTRICTED OR MODIFIED TO A LIMITED EXTENT. THESE TERMS OF USE MUST BE READ SUBJECT TO THESE STATUTORY PROVISIONS. Under these provisions your rights as consumers include statutory guarantees that goods supplied to you will be of acceptable quality and will be fit for any notified purpose.

YOU UNDERSTAND AND EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES AND THE CONTENT IS AT YOUR SOLE RISK, THAT ANY AND ALL CONTENT, MATERIAL AND DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK AND THAT TO THE EXTENT PERMITTED BY LAW, YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU, YOUR PROPERTY OR ANY THIRD PARTY OR THEIR PROPERTY ARISING FROM USE OF THE SERVICES OR THE CONTENT. JURLIQUE SHALL NOT BE RESPONSIBLE FOR SHIPPING OR FULFILLMENT DELAYS, THE CANCELLATION OF ANY TRANSACTION OR THE UNAVAILABILITY OF ANY PRODUCT.

TO THE EXTENT THAT THE APPLICABLE LAW DOES NOT PERMIT THE DISCLAIMER OF WARRANTIES, THE PRODUCTS, SERVICES AND CONTENT ARE WARRANTED ONLY TO THE MINIMUM AMOUNT LEGALLY REQUIRED.

LIMITATION OF LIABILITY. You understand that your use of the Services is at your own risk. Jurlique shall not be responsible for any damages that may arise in connection with any transaction, your use of the Services or these Terms of Use except to the extent caused by Jurlique's negligence, wilful misconduct or breach of these Terms of Use.

TO THE FULLEST EXTENT PERMISSIBLE BY LAW , THE JURLIQUE PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTIES CLAIMING THROUGH OR UNDER YOU UNDER ANY CIRCUMSTANCES FOR ANY LOST PROFITS, LOST REVENUE, LOST DATA, EQUIPMENT DOWNTIME, OR FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OR LOSSES, ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THE SERVICES OR ANY CONTENT, INCLUDING BUT NOT LIMITED TO INTERRUPTIONS OR DELAYS IN TRANSMISSION, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ANY OF THE JURLIQUE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGE OR LOSS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW,  OUR MAXIMUM  AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNT THAT YOU HAVE PAID FOR THE GOODS OR SERVICES TO WHICH THE LIABILITY RELATES.. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IF YOU ARE DISSATISFIED WITH THE SERVICES, FULFILLMENT OF ANY ORDER, DO NOT AGREE WITH ANY PART OF THIS AGREEMENT OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY OF THE JURLIQUE PARTIES RELATED TO THE SERVICES OR ANY CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND TO THE EXTENT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE AND AGREE THAT IN THE ABSENCE OF THIS LIMITATION OF LIABILITY THESE TERMS OF USE WOULD BE MATERIALLY DIFFERENT OR YOU WOULD NOT BE GRANTED ACCESS TO THE WEBSITE.

  1. You agree to be responsible for any and all third party claims, liability, damages, and costs (including, but not limited to, attorneys' fees, costs and expenses) against or incurred by the Jurlique Parties that result from, arise out of or are in anyway connected with your breach of these Terms of Use, your negligence, wilful misconduct or your infringement, or infringement by any other person using your account, of any Jurlique IP or other right of Jurlique or any third party. Jurlique shall have the right at its own expense, but not the obligation, to assume the exclusive defense and control of any matter subject to you being responsible for any liability, damages or costs, and you shall not in any event settle any matter without the prior written consent of Jurlique. These Terms of Use are  for the benefit of the parties and their successors, assigns, licensors and licensees. You covenant to cooperate fully in the defense of any claim.

Term & Termination. These Terms of Use shall commence when you first visit www.jurlique.com.au, make a purchase through the website, or use any Jurlique mobile or social media application, view any Content or use any feature incorporated in the Services, and shall apply to all of your subsequent visits and uses, provided that nothing herein shall prohibit us from refusing or otherwise restricting access to any user in the case of a breach of these Terms of Use by the user. Without limiting the foregoing, Jurlique has the right to immediately terminate any passwords or accounts created by you in the event that you breach these Terms of Use or engage in conduct that Jurlique considers unacceptable, including but not limited to abuse of the Services, entering incorrect or inaccurate information, or any use of the Services that interferes with Jurlique or any user. If your use of the Services is terminated, you will no longer be authorised to access any Jurlique Services. Without limiting any other rights of Jurlique hereunder, you understand and acknowledge that Jurlique, in its sole discretion, may pursue legal and equitable relief against you if you breach or threaten to breach these Terms of Use.

  1. The Content, the Services and these Terms of Use are subject to change and updating by Jurlique and our affiliates, licensees, partners, agents and representatives at any time without prior notice. The changes may include superseding terms and conditions. YOU SHOULD REVIEW THIS AGREEMENT FROM TIME TO TIME TO BE AWARE OF ANY CHANGES THAT ARE MADE. Your continuing use of any Jurlique Services constitutes your acceptance of any change or update, all of which shall become controlling when posted.
  2. Please click here for our Privacy Policy.

Applicable Law; Jurisdiction.  The Services along with all products and features are designed for personal and legal uses only. It is your responsibility to comply with all national, state and local laws, rules and regulations when using the Services. The laws of New South Wales will govern these Terms of Use. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales. The foregoing shall not preclude the Company from seeking any injunctive relief in courts of competent jurisdiction located in other countries and jurisdictions for protection of the Jurlique IP.

Consent to Receive Notices Electronically by Posting on the Site and Via Email.  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 or by posting notices on this website. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us at customercare@jurlique.com.auand discontinue your use of the Services. In such event, all rights granted to you pursuant to these Terms and Conditions shall automatically terminate. Unfortunately, we cannot provide the benefits of this Site to any user that cannot consent to receipt of Notices electronically.

Please note that this consent to receive Notices is entirely separate from any election you may make with respect to receipt of marketing communications. Your options with respect to receipt of marketing communications are set forth in our Privacy Policy.

General. These Terms of Use sets forth the entire understanding and agreement between you and the Company with respect to the subject matter hereof. If any provision or provisions hereof shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected thereby. Except as described herein, you may not assign these Terms of Use without our explicit consent. You are responsible for fees associated with gaining access to the Services, including the fees associated with any equipment necessary to access the Internet and the fees charged by your mobile carrier or service provider. The Services may not be maximised for use on all devices or in conjunction with third party software and operating systems.

 

Jurlique Australian Open Terms and Conditions.

 Conditions of Entry

  1. Participation in this promotion is deemed acceptance of these terms and conditions.
  2. The Promoter is Jurlique International Pty Ltd located at is Level 9, 151 Castlereagh Street, Sydney NSW (Promoter).
  3. This competition is open to all Australian residents. Directors, management, employees, officers and contractors (and their immediate families) of the Promoter or of the agencies or companies associated with this Promotion are ineligible to enter.
  4. The competition commences on 11 January 2016 at 9:00, and concludes on 2 February 2016 at 11:59pm (Promotional Period). All times are AEST.

How to enter

  1. To enter, participants must, during the Promotional Period, go to https://ausopen2016.jurlique.com.au and click the “Spin Now” button for your chance to win. When the spinner stops you will be prompted to enter your contact your details to redeem the prize or online discount. Due to the nature of the spinner, winners will be notified automatically as soon as the prize is selected. If you do not provide your details you will not be able to redeem your prize/offer.
  2. Winners of Australian Open tickets will additionally be notified by phone within 24 hours after winning the prize.
  3. If postal / contact information is not provided by the entrant at the time of winning the prize /o discount offer (i.e. in the pop up box that appears immediately after the spinner stops), the entrant forfeits the prize or discount offer and that prize/offer will be available for another entrant to win when the wheel is spun.

Prize

  1. The following 2016 Australian Open tickets (AO Tickets) are available to be won:
    1. 6 of 2016 Australian Open Women’s Semifinals tickets to be won on the following dates of the Australian Open:
      1. 28 January 2016
    2. 8 of 2016 Australian Open game tickets to be won on the following dates of the Australian Open:
      1. 23 January 2016
      2. 24 January 2016
    3. 18 of 2016 Australian Open ground passes to be won on the following dates of the Australian Open:
      1. 23 January 2016
      2. 24 January 2016
    4. The total value of the Australian Open tickets is approximately $4,500
    5. AO Tickets do not include flights, accommodation, meals or any other expenses incurred in order for you to attend the Australian Open.
    6. There are 150 of 30mL Rosewater Balancing Mists to be won, valued at $34 each
    7. There are 200 of 15mL Rose Hand Creams to be won, valued at $0 each
    8. There are an unlimited amount of online discount codes for redemption.

 Other

  1. The Promoter reserves the right to verify the validity of entries (including an entrant’s identity, age and place of residence) and to disqualify any eligible entrant where the Promoter believes that the entry or the entry process has been tampered with or where any entry has been submitted not in accordance with the Terms and Conditions.
  2. The Promoter accepts no responsibility for any lost, late, misdirected claims or correspondence due to incorrect entrant information and will not be liable for any technical malfunctions of the competition.
  3. The Promoter collects entrants' personal information in order to conduct the promotion. If the information requested is not provided, the entrant may not be able to participate in the promotion. All personal information collected will be dealt with in accordance with Australian privacy laws and the Promoter’s Privacy Policy, which can be viewed at www.jurlique.com.au. The Promoter will not disclose this information to anyone other than contractors who provide services to the Promoter for the purposes of conducting this promotion unless compelled or permitted by law. The contact details of the winning entry may be passed onto a third party for prize notification and fulfilment.
  4. If the prize is unavailable, the Promoters, in their discretion, reserve the right to substitute the prize with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
  5. The Promoter reserves the right, at its sole discretion and without notice, to cancel, modify or suspend these terms and/or this promotion in whole or in part, including, but not limited to in the event of fraud, technical or other difficulties or if the integrity of the Promotion is compromised, subject to any written directions from the various lottery departments and without liability to the participant.
  6. The prize (including any unused portion of the prize) cannot be assigned, transferred, redeemed for cash, or substituted except by the Promoter who may at their sole discretion, subject to the relevant state authorities, substitute any prize with one of comparable value if the advertised prize is or becomes unavailable for any reason. The Promoter will not replace any lost or stolen prizes, or take responsibility for any broken products in the delivery of the product or after it has been delivered. It is not the responsibility of the Promoter to insure any products.
  7. Entrants consent to the Promoter using the entrant’s name, likeness, image and/or voice in the event that they are a winner (inc. photograph, film, and/or recording of the same) in any media for an unlimited time without notice or remuneration for the purpose of promoting this competition.
  8. To the extent permitted by law, the Promoter (including its officers, employees and agents) and its associated agencies and companies will not be liable for any loss (including, without limitation, direct, indirect, special or consequential loss, or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person's negligence) in connection with this promotion or accepting or using any prize.

NSW Office of Liquor, Gaming and Racing: #LTPM/16/00009

 

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