Customer Service

1. General Provisions

1.1 Estee Lauder Pty. Limited (ABN 63 008 444 719), an affiliate of The Estée Lauder Companies Inc. (NYSE:EL) and incorporated under the laws of New South Wales, Australia with its business address at Level 24 201 Elizabeth Street, Sydney, NSW, 2000, Australia  (hereinafter “we” or “us” or “our”), offers products of Jo Malone London (hereinafter the “Products”) for sale and certain services (including but not limited to virtual consultation) directly to consumers in Australia (hereinafter “you” or “your”) through the Conversational Commerce Platforms (as detailed below). The sale of the Products and the provision of services through the Conversational Commerce Platforms is subject to the following terms and conditions, as amended from time to time in accordance with clause 1.3 below or as otherwise notified by us in writing (hereinafter the “Terms and Conditions”).

The Conversational Commerce Platforms refer to (i) Jo Malone London’s official accounts on certain messaging and/or social media apps, including but not limited to Facebook Messenger (Jo Malone London Australia Concierge) (hereinafter collectively, the “Third-Party Apps”), which enable you to have a real-time chat with our Jo Malone London stylists, or through a chatbot, and allow you to explore and/or place an Order (as defined below at clause 4) for our Products; and (ii) other third-party software technology platform(s) engaged by us to communicate Product information and/or facilitate Order generation and completion.

1.2 Before confirming and submitting an Order each time on the Conversational Commerce Platforms, please carefully read the Terms and Conditions, our Privacy Policy and any other promotional terms which are made available by us to you from time to time.

1.3 We reserve the right to amend or replace the Terms and Conditions the Privacy Policy and/or other promotional terms at any time. Any amendments or replacements shall only be effective in respect of the Orders made after the date when such amended or new version is published and takes effect.

1.4 Each Order, the then-current version of the Terms and Conditions, together with the then-current version of the Privacy Policy and other promotional terms (if any) constitute a complete contract between you and us governing the sale and purchase of the Product(s) through the Conversational Commerce Platforms.    To the maximum extent permitted by law, they supersede and replace any prior understandings or representations whether oral or written. By submitting the Order, you shall be deemed to accept and undertake to observe the Terms and Conditions, the Privacy Policy and other promotional terms (if any) in the performance of the contract with us.

1.5 Unless otherwise expressly stated, in case of any inconsistency among any of the following, they will have precedence in the descending order of priority set out below:

  1.5.1 the Terms and Conditions;
  1.5.2 the Privacy Policy; and
  1.5.3 other promotional terms (if any).

2. Eligibility and Restrictions

2.1 You must have legal capacity to enter into contracts in Australia and be 18 years old or over to make a purchase or book a service through the Conversational Commerce Platforms. If you are under 18 years old you may not make such purchase or book a service through the Conversational Commerce Platform.

2.2 We must limit each Order to eight (8) units of any single item, with a maximum purchase of fourteen (14) items per Order. In addition, consumers are limited to no more than three (3) Orders per consumer per day unless otherwise notified by us.

2.3 The Products and services made available to you (including any samples), are for personal use only. You may not sell or resell any of the Products or samples that you purchase or otherwise receive from us. We reserve the right, to cancel or vary an Order or the Products or services to be provided to you, if we believe (acting reasonably), there has been or may be a violation of the Terms and Conditions. Any cancellation or variation of your Order will be notified to you in writing in accordance with the procedures at clause 4.4 of these Terms and Conditions.

2.4 We only deliver to addresses within Australia. Any Orders placed for delivery to addresses outside Australia will not be accepted.

3. Products Information and Availability

3.1 We may share with you, through the Conversational Commerce Platforms, certain information on our Products and/or our promotions, including but not limited to trademarks, logos, service marks, features, functions, text, graphics, button icons, images, audio clips, data compilations, and the compilation and organisation thereof (hereinafter collectively, the “Content”). All information on the Conversational Commerce Platforms is an invitation for you to make on offer only and is not an offer or a unilateral or binding contract.

3.2 We endeavor to be as accurate as possible when describing our Products and providing information through the Conversational Commerce Platforms. However, on rare occasions the Product descriptions, colors, information or other Content made available 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 of the error or inaccuracy. 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 Product(s).

3.3 The Conversational Commerce Platforms (including but not limited to the order form pages) may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right (acting reasonably) to correct any errors, inaccuracies or omissions and to change or update information. Please note that where such errors, inaccuracies or omissions relate to pricing and/or availability of any Products which are the subject of an Order, we reserve the right, upon prior written notice in accordance with clause 4.4, to cancel or refuse to accept any Order placed based on incorrect pricing or availability information to the fullest extent as permitted by the applicable law or to follow the procedures set out at clause 5.2 in the event of incorrect pricing. We apologise for any inconvenience.

3.4 All Products should be used strictly in accordance with their instructions, precautions and guidelines. We also suggest you check the ingredients of the Products to identify any sensitivities and to avoid potential allergic reactions.

3.5 We do not guarantee the availability of the Products offered on the Conversational Commerce Platforms as they may be subject to stock limits. We reserve the right to vary the Products offered for sale on the Conversational Commerce Platforms at any time without notice.

4. Orders Submission and Acceptance

4.1 Before placing an Order, you shall select and add to your shopping cart the Product(s) of interest and your preferred colour, size, style and quantity, and follow the instructions which will direct you to the order form page. Alternatively,  you can communicate to our stylists the Product(s) of interest and your preferred colour, size, style and quantity, our stylists will then help you add the selected Product(s) to your shopping cart and send you a check-out link which will direct you to the order form page.

4.2 To submit an order for purchasing the selected Product(s) at your shopping cart (hereinafter the “Order(s)”), you will be required to (i) review the summary of the information on the essential characteristics of each Product selected; (ii) fill in the order form with your personal information, including name, contact number, email address, shipping address (if you prefer Products to be delivered to you) and billing address; (iii) read and accept the Terms and Conditions, and the Privacy Policy by ticking the relevant check box and any other promotional terms (if any); and (iv) successfully complete the payment online. An Order confirmation email and/or message will be sent to you when the Order submission is completed.

You shall be responsible for the accuracy and truthfulness of any data provided at the time of submitting the Order. The personal information that you provide to us during the Order submission will be processed in accordance with our Privacy Policy.

4.3 Each Order submitted and paid by you to us is an offer to purchase the Product(s) listed in that Order on the Terms and Conditions. All Orders submitted are subject to acceptance by us.

Your Order will be accepted by us only after the Order has been reviewed by us and the Product(s) are dispatched or packed for collection (as the case may be), usually within two (2) business days from the date of your Order submission. At this point, we will send you an email and/or message that confirms the Order has been accepted and the Product(s) have been shipped or packed (hereinafter the “Shipping Confirmation”) and the contract between you and us is concluded.

4.4 We reserve our right not to accept the Order placed by you for any reasons at our discretion (acting reasonably). For instance, an Order made for a Product which is not available, or an Order that we believe may result in the violation of the Terms and Conditions. Our decision as to the non-acceptance or cancellation of any Order shall be final and binding on you.

In the event of non-acceptance or variation or cancellation of any Order by us in accordance with these Terms and Conditions, we will inform you, by email or via the Third-Party Apps within two (2) business days from the date of receipt of the Order. In the event of non-acceptance or cancellation, such Order shall be deemed to have not been accepted by us and no contract shall be deemed to have been entered into between you and us. If the non-acceptance is only partial due to the unavailability of some of the Products ordered, you will only be charged for the price of the Product(s) actually purchased. You will be promptly reimbursed the amount paid to us in respect of a non-acceptance or cancellation of an Order by us in accordance with these Terms and Conditions. In the event of a variation of an Order you will only be charged for the price of the Products which are the subject of the varied Order.

4.5 If you would like to change or cancel the Order after it has been submitted, please contact us by the Third-Party Apps. We will do our best to accommodate your request. However, once the Order has been accepted by us as mentioned above, we regret that it cannot be changed or cancelled. You may refer to the Returns, Refunds and Replacement section below (clause 7) if you are eligible for a refund or replacement.

5. Prices and Payment

5.1 Prices shown on the Conversational Commerce Platforms are in Australian Dollars and are inclusive of GST, but do not include any applicable shipping or delivery fees. Delivery fees will be charged where applicable and will be included in the total amount of the Order.

5.2 While we endeavor to make our best efforts to provide accurate and timely pricing information, errors, including typographical errors, may occur. If an error in the price of the Product ordered is identified before the Shipping Confirmation is sent, we will contact you and provide you with options of either re-confirming the Order at the correct price or cancelling it (wholly or partially, as the case may be). If we are not able to contact you, we will cancel the Order, notify you of such cancellation and arrange for a refund. In any event, we will not be obligated to accept an Order with an incorrect price unless otherwise required by law.

5.3 You may pay for your Order using Visa, MasterCard or American Express. Competent third-party payment gateway providers may be engaged to facilitate online payment and provide secured payment links.

You confirm and warrant that you are the owner of, or have been authorised by the owner to use the credit card for paying for your Order. We take no responsibility for and are not under any duty to verify your ownership or authorisation to use such cards.

All payments are subject to verification and/or authorisation by card issuers. If the issuer does not authorise your payment, we will not be able to accept your Order or be liable for any delay or failure to deliver the Products you order, except to the extent such delay or failure is due to the negligence or wilful misconduct of us or otherwise cannot be excluded by law.

For your security, your billing name and address must match that of the credit card used for payment. We reserve the right to cancel any Order that does not match these criteria.

5.4 We will not be responsible for any charges or other amounts which may be applied by your card issuer as a result of our processing of your selected payment method in accordance with your Order.

6. Order Processing and Delivery

6.1 You can choose to either collect the Product(s) you purchased at our selected Jo Malone London store(s) or request to have the Product(s) delivered to an address within Australia which you provided in the Order.

6.2 Your Order will be processed and/or delivered on business days only (Monday through Friday, excluding public holidays in Australia). Any Order submitted on public holidays or weekend days will be processed on the following business day.

6.3 If you choose self-collection, the Product(s) purchased will be ready for collection upon your receipt of the Shipping Confirmation. We suggest you check with our stylists on the opening hours of the selected store(s) in advance.

6.4 If you choose delivery:

  6.4.1 For security reasons, we are unable to deliver the Product(s) to a P.O Box address.

  6.4.2 An Order can be delivered to one address only. If you require the Products purchased to be sent to multiple addresses, we suggest you place a separate order for each address.

  6.4.3 Orders will be delivered by our delivery partner(s) (hereinafter the “Couriers”, currently FRF Courier, TNT or Australia Post) with the relevant delivery costs to be borne by you.

  6.4.4 The Shipping Confirmation will contain courier tracking details and a link to track your Order. Once the Product(s) have been shipped out, any changes in the address or other relevant request from you should be arranged with the Couriers directly by contacting their customer service. Any additional incurred expenses shall be borne by you.

  6.4.5 Any estimated arrival date or schedule provided for delivery is for information purposes only and subject to, amongst other things, stock availability, volume of the Orders processed and the Couriers’ capacity, which is beyond our reasonable control.

  6.4.6 While we shall use reasonable efforts to verify with you the correct delivery address, we shall not be responsible for any delay in delivery or failure to deliver the Product(s) if the delivery address provided by you is incorrect or incomplete. In the event that the Courier is unable to deliver the Product(s) to the addresses indicated by you in the Order within five (5) business days after its first delivery attempt, we reserve our right to terminate the contract and notify you in writing accordingly. In such circumstance, the Product(s) will be returned to us and we will refund the purchase price of the Product(s) to you.

  6.4.7 Your signature or signature of any third-party adults designated by you may be required upon delivery of the Product(s). We shall not be responsible for verifying the identity of the person signing to accept delivery.

  6.4.8 We suggest you check the following when you receive the Order package: (i) whether the packaging is intact and not damaged; and (ii) whether the Product(s) delivered match your Order. In case of damaged, defective or incorrect items, please refer to the procedures in clause 7 below.

6.5 The risk of loss of or damage to the Product(s) shall be borne by you from the moment that they are collected by you in the store (in a self-collection case) or delivered to you (in a delivery case).

7. Returns, Refunds and Replacement

Change of Mind

7.1 We hope that you are delighted with your Order placed through the Conversational Commerce Platforms. Please be aware that we do not provide any refunds, credit or exchanges of Products for change of mind. This change of mind policy does not limit or restrict your rights under the Australian Consumer Law.

Consumer Guarantees

7.2 Our Products and services come with consumer guarantees under the Australian Consumer Law which cannot be excluded, including guarantees that the Products will be of acceptable quality.

7.3 In the event you receive a Product that is unsafe, materially different from the description provided by the Conversational Commerce Platforms in the listing of the Product, is not fit for purpose or is defective or damaged, and this amounts to a major failure as defined by the Australian Consumer Law, you may choose a replacement of the same type of Product or a refund. In the event that the issue with the Product is not a major failure, we will provide you with our choice of a replacement or refund.

All Product(s) for replacement or refund must be accompanied with the original receipt. In all cases, the returned Product(s) must be wrapped in a proper package and sent back to the address specified by us or the store where you collected the Product(s) (as the case may be). You must also follow the Returns Process set forth below.

7.4 Returns Process

  7.4.1 Please send your return request to Jo Malone London’s account on the Third-Party Apps where you placed your Order. Our stylists will request for the following information for verification purposes:
    (i) Order number;
    (ii) Purchasing date;
    (iii) Product name and quantity which need to be returned; and
    (iv) Reason for return.

  7.4.2 If your return request has been accepted, we will send you instructions to return the items back to us. If you prefer returning the Product(s) to the store in person, you may do so to the Jo Malone London Woollahra Boutique in 110 Queen St, Woollahra NSW 2025, Australia only after your return request has been accepted.

  7.4.3 Before returning your Product(s), you must carefully pack the item(s) into the box and include the original receipt or packing slip. Please ensure that the returned Product(s) are, where possible, returned in the original packaging, with all the accessories and inserts.

We cannot accept returned Products that we reasonably believe have been tampered with. In such circumstances, we will notify you that no exchange will be available and will return such Products to you within twenty-eight (28) days of our notification.

7.5 Acceptance of replacement or refunds (if applicable) will be processed within fourteen (14) business days upon our receipt of the returned Products.

Replacement Product(s) (subject to stock availability) will be shipped to your designated address, subject to clause 6 above, or be available for self-collection at our designated store if you prefer. No additional exchange or replacement will be allowed unless the replacement Product(s) are damaged or defective or you are otherwise entitled to a replacement or refund under the Australian Consumer Law.

If applicable, refunds will be credited to the original form of payment. Please note that the refunds can take up to ten (10) business days, from the date when we submit the refund application, due to varying processing times of card issuers. The time to post a credit to your account is determined by your bank. Please contact your own bank for details.

8. Special Features, Functionality and Events

The Conversational Commerce Platforms may offer you certain of our special offerings or events (such as promotions, contests, sweepstakes or other offerings) which may be subject to terms of use, rules and/or policies in addition to or in lieu of the Terms and Conditions, to the extent as permitted by applicable law. If you choose to take advantage of these offerings, you agree that your use of those offerings may be subject to such additional or separate terms of use, rules and/or policies.

9. Disclaimer of Warranties; Limitation of Liability

9.1 TO THE FULL EXTENT PERMITTED BY LAW (INCLUDING THE AUSTRALIAN CONSUMER LAW) THE CONVERSATIONAL COMMERCE PLATFORMS ARE PRESENTED “AS IS”. NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS, GUARANTEES OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE CONVERSATIONAL COMMERCE PLATFORMS OR ANY OF THE CONTENT OR SERVICES, 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.

9.2 YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (INCLUDING THE AUSTRALIAN CONSUMER LAW), NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) UNDER ANY CIRCUMSTANCES FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE CONVERSATIONAL COMMERCE PLATFORMS; (c) DATA NON-DELIVERY, LOSS, THEFT, 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 CONVERSATIONAL COMMERCE PLATFORMS; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE CONVERSATIONAL COMMERCE PLATFORMS, 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 . WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED UNLESS OTHERWISE REQUIRED BY LAW OR THESE TERMS AND CONDITIONS.

FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE CONVERSATIONAL COMMERCE PLATFORMS OR YOUR USE THEREOF REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED AUSTRALIAN DOLLARS (AUD$100.00) UNLESS WE CANNOT LEGALLY EXCLUDE OUR LIABILITY TO YOU FOR SUCH AMOUNTS.

9.3 TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, IN TORT (INCLUDING NEGLIGENCE) OR OTHERWISE ARISING OUT OF, OR RELATED TO, THE USE OF THE CONVERSATIONAL COMMERCE PLATFORMS OR THE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH US, TERMINATION OF YOUR USE OF THE CONVERSATIONAL COMMERCE PLATFORMS IS YOUR SOLE REMEDY UNLESS OTHERWISE PROVIDED BY LAW (INCLUDING THE AUSTRALIAN CONSUMER LAW). EXCEPT FOR THOSE OBLIGATIONS WE CANNOT LEGALLY EXCLUDE, WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.

10. Third-Party Apps, Sites and Links

The conversational commerce model hereunder is significantly dependent on the interactive services provided by the Third-Party Apps. While our Terms and Conditions may provide guidelines in connection with such interactive services involving the Third-Party Apps, we do not possess absolute control of these Third-Party Apps. The Terms and Conditions do not apply to companies that we do not own or control, or to the actions of people that we do not employ or manage. You should carefully check the terms of use posted on the Third-Party Apps before you use them.

To the fullest extent permitted by applicable law, we are not responsible for the content of any third-party websites or links including the Third-Party Apps which are outside of our control. Third-Party websites or links appearing on the Conversational Commerce Platforms are for convenience only. Your use and access of these third-party websites or links including the Third-Party Apps is at your own risk. To the fullest extent permitted by applicable law, we are in no way responsible for examining or evaluating, and we do not warrant the offerings of any third-party websites or links including the Third-Party Apps, nor do we assume any responsibility or liability for the actions, content, products, or services of such third-party websites or links including the Third-Party Apps, including without limitation, their privacy policies and terms and conditions. You should carefully review the privacy policies and terms and conditions (if any) of all these third-party websites or links that you visit, including the Third-Party Apps.

11. Your Obligations and Responsibilities; Indemnification

11.1 By accessing or using the Conversational Commerce Platforms or any Content, you agree that you will comply with the Terms and Conditions and any warnings or instructions otherwise made available to you from time to time. You agree that when accessing or using the Conversational Commerce Platforms or any Content, you will act in accordance with the law, custom and in good faith. You may not make any change or alteration to the Conversational Commerce Platforms or any Content or services that may appear on the Conversational Commerce Platforms and may not impair in any way the integrity or operation of the Conversational Commerce Platforms. Without limiting the generality of any other provision of the Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in the Terms and Conditions, you shall be liable for all the losses and damages that may cause to us, our parents, subsidiaries, affiliates, partners or licensors except to the extent such losses or damages arise as the result of our negligence or wilful misconduct or by our failure to take reasonable steps to mitigate the loss or damage

11.2 You agree to defend, indemnify and hold us, our parents, subsidiaries, affiliates, partners, licensors, officers, directors, employees, and agents (hereinafter the “Indemnified Parties”) 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 Conversational Commerce Platforms or any Content (including the User Content as defined at clause 13 herein), or any of our Products or services purchased on the Conversational Commerce Platforms, or your breach of the Terms and Conditions except to the extent such loss, damages or costs arise as a result of our negligence or wilful misconduct or by our failure to take reasonable steps to mitigate the loss, damages or costs.

11.3 You also agree to indemnify the Indemnified Parties 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 negligence or wilful misconduct or by our failure to take reasonable steps to mitigate the loss, damage or costs.

12. Intellectual Property

The Content is our property or the property of our parents, subsidiaries, our affiliates, partners or licensors, and is protected by applicable laws, including laws governing copyrights and trademarks. Except as required under applicable law, the Content may not 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.

13. User Content

13.1 When you transmit, upload, post, e-mail, share, distribute, reproduce or otherwise make available suggestions, ideas, inquiries, feedback, data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials (hereinafter the “User Content”) through the Conversational Commerce Platforms in any manner, you are entirely responsible for such User Content. You hereby grant to us a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, and otherwise exploit such User Content throughout the world, in all media now known or hereafter developed, for any purpose whatsoever, including without limitation, developing, manufacturing, distributing and marketing the Products.

13.2 You represent and warrant that you own or otherwise control the rights to your User Content. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing, sharing, distributing, reproducing, or otherwise making available any 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 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, fraudulent, 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.

13.3 To the full extent permitted by law, we are in no way responsible for examining or evaluating the User Content, nor do we assume any responsibility or liability for the User Content. We do not endorse or control the User Content transmitted or posted and therefore, we do not guarantee the accuracy, integrity or quality of the User Content. You understand that by using the Conversational Commerce Platforms, you may be exposed to User Content that is offensive, indecent or objectionable to you. 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 Conversational Commerce Platforms, except to the extent such loss or damage arises as a result of our negligence or wilful misconduct or our use or modification of the User Content in accordance with clause 13.1 of these Terms and Conditions, or our failure to take reasonable steps to mitigate the loss or damage. You hereby consent to any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with the User Content 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.

13.4 Unless otherwise required by law, you acknowledge that we have the right (but not the obligation) in our sole discretion (acting reasonably) to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provisions of the Terms and Conditions, we have the right to remove any User Content that violates the Terms and Conditions or is otherwise objectionable and we reserve the right to refuse service upon  prior written notice for any users who violate the Terms and Conditions or infringe the rights of others.

13.5 If you wish to delete certain public User Content, such as your posting(s), on our website or in connection with our mobile applications (if any), please contact us by email at privacy@estee.com.au and include the following information in your deletion request: first name, user name/screen name (if applicable), email address, your reason for deleting the posting, and date(s) of posting(s) you wish to delete (if you have it). We may not be able to process your deletion request if you are unable to provide such information to us. Please allow up to twenty (20) business days to process your deletion request. We also note that it may not be possible to entirely delete posting(s) because cached web pages may continue to exist.

14. Copyright Infringement Notice

We respect the intellectual property of others and require that users of the Conversational Commerce Platforms do the same. We also maintain a policy that provides for the termination in appropriate circumstances of the use privileges of users who are repeat infringers of intellectual property rights. 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: (i) a physical or electronic signature of a person authorised to act on behalf of the owner of the copyright interest that you claim is infringed; (ii) identification of the copyrighted work(s) that you claim has been infringed; (iii) a description of the material that you claim is infringing; (iv) your address, telephone number and email address; (v) a statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf.

You can contact our designated agent for notifications of claimed infringement at:

Copyright Agent c/o Legal Department
The Estée Lauder Companies Inc.
767 Fifth Avenue
New York, NY 10153
Phone: 212-277-2322
Fax: 212-277-2355
Email: copyright@estee.com

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 EMAIL TO consumercare-au@gcc.jomalone.com.

15. Consent to Receive Notices Electronically

You consent to receive any agreements, notices, disclosures and other communications (hereinafter collectively, the “Notices”) to which the Terms and Conditions refer from us electronically including without limitation by the Third-Party Apps or by e-mail. 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 privacy@estee.com.au 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.

16. Governing Law and Dispute Resolution

With respect to any dispute, claim or controversy regarding the contract between you and us, all rights and obligations and all actions contemplated by the Terms and Conditions shall be governed by the laws of New South Wales, Australia.

Any dispute, claim or controversy shall be referred to and finally resolved by the courts in New South Wales, Australia and you agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, except to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction provided you consent to the jurisdiction of choice.

17. Miscellaneous

17.1 Nothing contained in the Terms and Conditions shall be construed as creating any agency, partnership, employment or other form of joint enterprise between you and us.

17.2 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.

17.3 In the event that any provision of the 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.

17.4 The headings in the Terms and Conditions are for convenience only and shall not be used in their interpretation.

17.5 The Terms and Conditions are drafted in the English language. If it is translated into or otherwise prepared in any other language, the English language text shall prevail in the event of any discrepancy or conflict.

17.6 If you have any questions regarding the Terms and Conditions , please email us at consumercare-au@gcc.jomalone.com.

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