Thank you for accessing our website (Site). Our Site contains information and content relating to, among other things, our products (Products).
We are L’Oréal Australia Pty Limited (ABN 40 004 191 673), and our registered office is at 564 St Kilda Road, Melbourne, Victoria 3004 (L’Oréal / us / we / our). By using the Site, you accept these Terms.
From time to time we may update these Terms. Please check them when you visit to see if there are changes. Your use of the Site after any updates constitutes your acceptance of those updates.
We may run competitions and promotions via the Site. Separate terms and conditions will be posted which apply to those competitions and promotions.
If this Site allows you to purchase Products directly from us, there will also be separate online shopping Terms which apply to that purchase, covering things like delivery and returns. If the Site contains links to other third party webpages to purchase Products, your purchase and your use of those websites will be covered by terms between you and the relevant third party operator of those pages.
2) Your use of the Site
In addition to the Content, some parts of our Site may be interactive, or allow you to post comments, reviews, or your own content such as images or videos (Material). This also includes our social media sites. The interactive parts of our Site and our social channels may be operated by a third party or using their specific technology, such as Bazaarvoice or Olapic. When using the Site, including these interactive parts, as well as any social media channels to post Material, you must not:
- commit or encourage a criminal offence, including promoting violence or hate-crimes;
- transmit a virus, trojan, worm, or any other material which is technologically harmful, or a breach of confidentiality;
- transmit any unlawful, threatening, defamatory, obscene, abusive, inflammatory, offensive, or pornographic material or other material that could give rise to any legal liability;
- hack into the systems or data related to the Site;
- infringe any persons person's intellectual property rights (eg copyright);
- use the Site to send spam; or,
- attempt to affect the performance or functionality of the Site, or our systems.
You may link to the Site in a way that is fair and legal and does not damage our reputation or take advantage of it. You cannot link, frame, refer to, or post Material to, or otherwise use the Site, or our Products, in a way which incorrectly suggests any form of association, approval or endorsement by us, or in a way which would be misleading or deceptive, or likely to mislead or deceive.
By submitting Material you warrant that you are its sole author; you waive your moral rights (including the right of attribution) in relation to the Material; the Material is not false or misleading; and, it does not infringe any person’s intellectual property rights, or any other applicable laws. We do not recommend that you publicly post your address, email, or contact other information. By submitting Material you grant us (and our affiliates) a royalty-free, unrestricted, world-wide, sub-licensable, perpetual, irrevocable, non-exclusive, transferable licence to use, copy, reproduce, modify, edit, alter, create derivative works from, commercialise, publish, and perform the Material in anyway, in any medium. We may also delete the Material, in our sole discretion.
The Site may contain links to third party web pages, and in some cases, marketing material from third parties. We don’t control what’s on those pages or in that marketing content. We are not responsible for any of their content, including links or other functionality like e-commerce. If our Site contains a link to a third party web page, it’s not necessarily an endorsement by us of that third party, their page or their products or services. If you have questions or concerns about those third party pages or content, you should contact the relevant owner or operator of that page.
4) Intellectual Property
The Site is made up of content that includes things like text, code, software, video, music, sound, graphics, photographs, illustrations, artwork, names, logos, trade marks, service marks and other material (Content) which is protected by intellectual property laws (eg copyright, patents, and registered trade marks and designs), as well as and other legal rights and actions.
The Site includes Content which we own or control, as well as Content which is owned or controlled by other parties, which we licence.
You should not use our trade marks or names without our prior consent. If you become aware of unauthorised access to the Site or use of the Content which infringes any right, please tell us immediately.
5) Cookies and other trackers
When you access the Site, your use may be subject to cookies, beacons, trackers and similar technologies. These kinds of technology allow us to track how you use the site and where you click, as well as things like your device, IP address and browser type. The data collected is often stored or cached by your browser. We use these kinds of technology to do a number of things, including enabling our Site to work properly. It also allows us to gather data about how the Site is used by particular visitors. This enables us to customise it and improve its functionality, including things like making your click pathways clearer and easier to follow, or making the Site run faster, or remembering you when you return to the Site. It also means we can improve our marketing and advertising, so it is relevant to you.
Most browsers automatically accept things like cookies, however you can change the settings, so they don’t. If you turn off cookies and trackers, it might stop some functions of the Site, so you may not be able to access or use everything you would if the cookies were turned on.
6) Licence and download rights
Using the Site doesn’t give you any rights or licences to the Content, other than as set out in these Terms. You may not copy, reproduce, republish, reverse engineer, decompile, distribute, modify, upload or create any derivative works from the Site or the Content.
7) No warranty, no reliance
We do our best to ensure the Site and Content is accurate, but we do not guarantee or give any warranty that it is complete, accurate or fully up to date. The Site and Content is provided “as is”.
To the extent permitted by law, we exclude all liability relating to the access to and use of the Site. We accept no responsibility for the Site or the Content.
Further, the Site and Content may not always operate uninterrupted, or be error- or defect-free. It may not be compatible with your device, internet access type or limits, or browser. We do not warrant that the Site or Content is free from viruses, worms, Trojans, or similar, or that it will be free from hacks, denial of service attacks; and we are not liable for any damage or losses you might incur as a result of any of these. We are not responsible for Content provided by third parties.
We acknowledge that some jurisdictions do not allow the exclusion of certain implied guarantees and warranties, so some or all of the above exclusions may not apply to you.
Our community is global. As such, our Site may include reviews of Products which have been submitted to our sister-sites by users in other countries (such as the USA or the UK). These products may have different features, strengths, ingredients or settings, depending on what is available or required in that country. If a review from an international site refers to a particular feature, ingredient or composition, check to ensure the Australian product is equivalent.
8) Limit of liability
Your use of the Site and Content is at your own risk. If you don’t accept these Terms, or have issues with the Site or Content, your only remedy is to stop accessing or using the Site.
To the extent permitted by law, we exclude all liability 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).
9) Local regulations
The Site is not directed at any person in any jurisdiction or place where, for any reason, the publication or availability of the Site or Content is prohibited. If you are in such a place you must not access or use the Site.
We don’t represent that the Site or the Content are appropriate or permitted for use or access in all jurisdictions. If you access the site, you are responsible for this kind of compliance.
10) Termination and changes
We may terminate, alter, change, update or suspend the Site or Content for any reason, without notice or liability, including its functionality or technical specs. These changes might mean you can’t access or use it in the same way, or at all. We’re not liable for this.
If any part of these Terms is determined to be invalid by any court having jurisdiction, that invalidity does not affect the validity of the remaining parts, which remain effective. If we don’t enforce or act on a part of the Terms, we aren’t waiving our right to do so later.
These Terms are the entire agreement between us about the Site and Content. They supersede any prior understanding or agreements (written or oral).
The Terms are governed by the laws of Victoria, Australia. You agree that the Courts of Victoria have exclusive jurisdiction over them.
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
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 under law.
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 identity.
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.
Copyright © L'ORÉAL PARIS 2013