- PRODUCTS AND SERVICES FOR PERSONAL USE
- ACCURACY OF INFORMATION
- INTELLECTUAL PROPERTY
- LIMITED LICENSES
- YOUR OBLIGATIONS AND RESPONSIBILITIES
- THIRD PARTY LINKS
- SPECIAL FEATURES, FUNCTIONALITY AND EVENTS
- USER CONTENT
- COPYRIGHT COMPLAINTS
- REPRESENTATIONS AND WARRANTIES; LIMITATION OF LIABILITY
- CONSENT TO RECEIVE NOTICES ELECTRONICALLY BY POSTING ON THE SITE AND VIA EMAIL
The products and services described on the Site, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof, you receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
We attempt to be as accurate as possible when describing our products on the Site; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colours, information or other content available on the Site are accurate, complete, reliable, current, or error-free.
All information and content available on the Site and its “look and feel”, including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the "Content") is the property of M·A·C Cosmetics New Zealand Online, our affiliates, partners or licensors, and is protected by United States and international laws, including laws governing copyrights and trademarks.
Except as set forth in the limited licenses in SECTION 5, or as required under applicable law, neither the Content nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.
We grant you a limited, revocable,non-transferable and non-exclusive license to access and make personal use of the Site. This limited license does not include the right to: (a) frame or utilize framing techniques to enclose the Site or any portion thereof; (b) republish, redistribute, transmit, sell, license or download the Site or any and/or all Content (except caching or as necessary to view the Site); (c) make any use of the Site or any and/or all Content other than personal use; (d) modify, reverse engineer or create any derivative works based upon either the Site or any and/or all Content; (e) collect account information for the benefit of yourself or another party; (f) use any meta tags or any other "hidden text" utilizing any and/or all Content; or (g) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. You must retain, without modification, all proprietary notices on the Site or affixed to or contained in the Site.
We also grant you a limited, revocable, non-transferable and nonexclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to the Site (i) may link to, but not replicate, any and/or all of our Content; (ii) must not imply that we are endorsing such website or its services or products; (iii) must not misrepresent its relationship with us; (iv) must not contain content that could be construed as distasteful, obscene, offensive, controversial or illegal or inappropriate for any ages; (v) must not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and (vi) must not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking.
Any unauthorized use by you of the Site or any and/or all of our Content automatically terminates the limited licenses set forth in this SECTION 5 without prejudice to any other remedy provided by applicable law or these Terms and Conditions.
In the access or use of the Site, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Site. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to M·A·C Cosmetics New Zealand Online, our affiliates, partners or licensors.
We are not responsible for the content of any off-website pages or any other websites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.
If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.
We do not endorse or control the User Content transmitted or posted on the Site and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using the Site, 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 Site.
You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and we reserve the right to refuse service without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.
We respect the intellectual property of others. If you believe that a work has been copied on the Site in a way that constitutes copyright infringement,please CLICK HERE to find out how to notify us of a claimed infringement.
THE SITE IS PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES (f) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (g) EVENTS BEYOND OUR REASONABLE CONTROL.
FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR ANY LOST PROFITS OR BUSINESS RELATED TO THE SITE OR YOUR USE THEREOF REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, 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 DOLLARS (NZ$100.00).
YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE 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.
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your use of the Site or breach of these Terms and Conditions. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
With respect to any dispute regarding the Site, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of New Zealand. Any dispute relating in any way to your visit to the Site shall be submitted to confidential arbitration in Auckland, New Zealand and you submit to the jurisdiction and proceedings thereof, except that, 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 and you consent to jurisdiction and venue in any such court for such purposes. The arbitrator shall be appointed by the parties, or failing agreement within 10 working days after, and exclusive of, the date of service of the written notice, shall be appointed at the request of a party by the president or vice president for the time being of the New Zealand Law Society or the nominee of such president or vice president. Arbitration under these Terms and Conditions shall be conducted as soon as possible in accordance with, and subject to the provisions and rules of the Arbitrators’ and Mediators Institute of New Zealand Inc and the Arbitration Act 1996. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to this Terms and Conditions, whether through class arbitration proceedings or otherwise.risk.
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 Site. 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 INFO@NZ.MACCOSMETICS.COM and discontinue your use of this Site. In such event, all rights granted to you pursuant to these Terms and Conditions, including but not limited to the limited licenses set forth in Section 5 hereof, shall automatically terminate. Unfortunately, we cannot provide the benefits of this Site to any user that cannot consent to receipt of Notices electronically.
You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site and notifying you through the Site of such change. Any changes are effective immediately upon posting to the Site and release of notice of such change. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.
If you have any questions regarding these Terms and Conditions, please email us at INFO@NZ.MACCOSMETICS.COM.
- GIFT CARD REDEMPTION & EXCLUSIONS
- USING YOUR GIFT CARD
- EXPIRY, CANCELLATION AND RE-ISSUE OF GIFT CARDS
- LOST OR STOLEN GIFT CARDS
- GIFT CARD TRANSACTIONS
- INTELLECTUAL PROPERTY
- WARRANTIES AND LIMITATIONS OF LIABILITY
- NEED MORE INFORMATION
These Terms and Conditions of Use apply to all Gift Cards issued by MAC (Make-Up Art Cosmetics) New Zealand. "MAC" (Make-Up Art Cosmetics) business in New Zealand is operated by Estee Lauder Pty. Limited (ACN 008 444 719). Your purchase, redemption and general use of a MAC New Zealand gift card is subject to the following terms and conditions. Any use or attempted use of a MAC New Zealand gift card and / or the MAC New Zealand gift card websites constitutes acceptance of these terms and conditions. Please read them carefully.
"PIN" means the 4-digit PIN printed on the back of the Gift Card. "MAC New Zealand" means "MAC" (Make-Up Art Cosmetics) business in New Zealand is operated by Estee Lauder Pty. Limited (ACN 008 444 719).
"Gift Card" means the gift card that you have purchased or received.
"We, our or us", "MAC" the "MAC New Zealand gift card website" and "MAC New Zealand" means MAC (Make-Up Art Cosmetics) business in New Zealand, operated by Estee Lauder Pty. Limited (ACN 008 444 719) and includes its related companies, directors, employees and agents;
Except for the exclusions listed in paragraph 3.2 (Exclusions) below, once loaded with value your Gift Card may be redeemed for purchases online at http://www.maccosmetics.co.nz If the purchase exceeds the available Gift Card amount, the balance must be paid by other available payment options. The Gift Card must be redeemed within the validity period.
The following are the exclusions applicable to the redemption of your Gift Card:
bill payments, including credit card accounts, and store accounts (e.g. a MAC New Zealand Store Account);
Gift Cards cannot be used to purchase Gift Cards or other tender;
4.1 Making a purchase with your Gift Card
Visit http://www.maccosmetics.co.nz and add your product(s) to your cart and proceed to checkout. Tick the box ‘I have a Gift Card’ and enter the gift card number and gift card pin you wish to redeem and click apply. The remaining amount of your purchase can be made using your debit or credit card.
When you authorise a transaction:
you are confirming that the transaction correctly represents the purchase price of the goods or services obtained; and
you are agreeing to pay the amount of that transaction by the reduction of the Remaining Gift Card Value.
4.2 Purchases exceeding the Remaining Gift Card Value
Your Gift Card may only be used to make purchases up to the initial Gift Card value or the Remaining Gift Card Value. If you wish to make a purchase for an amount that exceeds the Gift Card value or the Remaining Gift Card Value, you must pay the excess using another payment method.
4.3 Exchanging items purchased with a Gift Card
Goods that are purchased solely or in part with a Gift Card may be exchanged or returned subject to MAC New Zealand exchange and returns policy. MAC New Zealand has the discretion to refund the payment provided on to your original gift card, or may issue you with a new gift card as part of the refund. Exchanges or refunds for change of mind cannot be offered for: - Gift cards; - Other products advertised as being non-refundable for change of mind.
4.4 No cash advances
Gift Cards are not legal tender, account cards, credit or debit cards or securities. You cannot obtain any cash advance with your Gift Card, redeem your Gift Card for cash or receive any portion of the Remaining Gift Card Value in cash.
4.5 Checking your Gift Card balance, expiry date and transaction history
You can check your Gift Card balance and expiry date at any time in-store at check-out of participating stores, or by calling 0800 493 470. For balance enquiries by phone or online, you will be required to enter both the Gift Card number and PIN on your Gift Card prior to getting access to the Gift Card information.
4.6 Gift Card Exchanges
You cannot exchange your Gift Card for a different denomination, design or type of Gift Card or for another tender, cash or discount.
5.1 Expiry of Gift Cards
Your Gift Card will be valid for use for 36 months from the date of issue (or as otherwise extended by us) after such time it will be invalid. You should use all of the Remaining Gift Card Value before the expiry date. It is up to the cardholder to use the full value within the validity period. Any unused balance will not be refunded or credited when the Gift Card expires. Unused balances will remain the property of MAC New Zealand.
5.2 Cancellation and voiding of Gift Cards
Gift Cards cannot be cancelled once they are issued except if they are cancelled by MAC New Zealand at MAC New Zealand’s discretion, if their value is used or if they expire.
We reserve the right to cancel and not accept any Gift Card that appears to have been defaced, mutilated, altered or tampered with in any way.
Defaced, mutilated, altered, lost or stolen gift cards will not be replaced, refunded or redeemed.
MAC New Zealand reserves the right to verify the identity of the bearer.
We reserve the right to cancel any Gift Card, or the Gift Card program, for any reason at any time without notice. In such instances (except those set out in paragraph b and c) we will elect to provide either a refund or a replacement Gift Card at our discretion.
We reserve the right to correct the balance of your Gift Card if we believe that a clerical or accounting error has occurred.
5.3 Re-issue of faulty or damaged Gift Cards
A re-issue of faulty or damaged Gift Cards is not available unless the fault or damage to the Gift Card is proven to be a result of the production process or otherwise due to the fault of us or our agents or contractors.
Treat your Gift Card like cash. Lost or stolen Gift Cards will not be replaced or refunded. The bearer of the Gift Card will be taken to be the owner of the Gift Card.
The customer is liable for all transactions on the Gift Card except to the extent to which there has been fraud or negligence by MAC New Zealand or any of its employees.
All material on the Gift Cards, and the MAC New Zealand and Gift Card Websites and that subsisting under it (including but not limited to text, images, data and software) is our property, or that of our suppliers, and is protected by intellectual property laws.
You may not use our trade marks in connection with any product or service that is not our, in any manner that is likely to cause confusion, or in any way that disparages or discredits us.
All other trademarks not owned by MAC New Zealand or its related companies that appear on this site are the property of their respective owners.
You may not frame or utilise framing techniques to enclose any of our trademarks, logos or other proprietary information without our express written consent.
You may not in any way commercially exploit any material obtained from the MAC New Zealand Gift Card or MAC New Zealand or Gift Card Websites.
To the extent permitted by law, we disclaim, without limitation, all liability for all damage, liability, costs or loss, including direct, indirect or consequential losses, however caused, in connection with your use of the MAC Gift Card, the MAC New Zealand and MAC New Zealand Gift Card Websites or your use of or reliance upon any of the information, services or materials contained in the website or provided by the website to you.
Nothing in this clause is intended to modify any non-excludable statutory rights associated with the sale of products to consumers.
In these Terms and Conditions:
We, our or us?, "MAC" the "MAC New Zealand gift card website" and "MAC New Zealand" means MAC (Make-Up Art Cosmetics) business in New Zealand, operated by Estee Lauder Pty. Limited (ACN 008 444 719) and includes its related companies, directors, employees and agents;
You or your means the person or customers using the gift card or gift card websites;
These terms shall be governed by and construed in accordance with the laws of New Zealand. Any dispute under these terms shall be subject to the exclusive jurisdiction of the courts of New Zealand and you hereby submit to the jurisdiction of such courts for such purposes and waive any and all objections to jurisdiction or venue in such courts.
Any failure by MAC New Zealand to exercise or enforce any one or more of its rights under these Terms will not constitute a waiver of such rights unless such waiver is granted to you in writing.
These Terms and Conditions will be interpreted so that they do not infringe any law or are not invalid. If any term infringes any law or is invalid, it will be read down so that it does not infringe any such or is not invalid. If this is not possible, the term will be severed from these Terms and Conditions without affecting the validity of the remaining terms.
If you have any questions regarding these Terms and Conditions, please contact us.