TERMS OF USE |MARY KAY COSMETICS LTD. WEB SITE TERMS OF USE AND LEGAL RESTRICTIONS
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. BY USING THIS WEBSITE, YOU SIGNIFY YOUR ACCEPTANCE OF THESE TERMS OF USE WITHOUT QUALIFICATION. IF YOU DO NOT ACCEPT THESE TERMS OF USE, YOU MUST STOP ACCESSING AND USING THIS WEBSITE
INTRODUCTION Thank you for accessing www.marykay.com.au (Site). This Site is controlled and operated by Mary Kay Cosmetics Pty Ltd ACN# 004 698 622 from its offices in Victoria, Australia. All pages, content and information located on the www.marykay.com.au domain name constitute the Site.
RESTRICTIONS ON USE OF MATERIALS The copyright in all material used and displayed on this Site is held by or licensed to Mary Kay Cosmetics Pty Ltd and Mary Kay Cosmetics (New Zealand) Inc. (Mary Kay). The trademarks, service marks and logos (Trademarks) used and displayed on the Site are registered and unregistered Trademarks of Mary Kay Inc. licensed for use by Mary Kay, unless otherwise noted. Materials used and displayed on the Site may also have other forms of proprietary rights attached to them.
Except as stated herein, no material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed for any purpose and you are not permitted to incorporate the material or any part of it in any other work or publication (whether in hard copy, electronic or any other form) without the prior written consent of Mary Kay. You may not frame any part of the Site material by including advertising or other revenue generating material. Further, you may not remove or alter any trademarks or logos that appear on any material on the Site. Nothing on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any materials used and displayed on the Site. Unauthorized use of any material used and displayed on the Site may violate copyright laws, trademark laws and other laws. If you would like to copy, reproduce or otherwise exploit any material on the Site, please contact Mary Kay at the email address listed below. If you would like to link to this Site, the following guidelines apply: A site that links to the Site:
- Should not imply, either directly or indirectly, that Mary Kay is endorsing its products;
- Should not use any Trademarks (i.e., Mary Kay trademarks, trade names, logos, etc.);
- Should not contain content or material that could be construed as offensive, controversial, or distasteful and should only contain content that is appropriate for all age groups;
- Should not disparage Mary Kay or its products in any way or otherwise negatively effect or harm the reputation and goodwill of Mary Kay;
- Should not misrepresent any relationship with Mary Kay;
- Should not replicate in any manner any content in the Site; and
- Should not create a browser or border environment around Site material.
APPLICABLE LAWS Mary Kay makes no representation that materials on this Site are appropriate or available for use in or is permitted by local laws in other jurisdictions and takes no responsibility for and accepts no liability in respect of the manner in which you use the Site in other jurisdictions. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with the laws in the jurisdiction in which they are located. Any claim relating to, and the use of, this Site are governed by the laws of Australia and New Zealand, without giving effect to any principles of conflicts of laws and you submit to the exclusive jurisdiction of the Courts of Australia.
PRIVACY POLICY Mary Kay’s Privacy Policy sets out Mary Kay’s use of personal information, and should be read in conjunction with these Terms of Use. You consent to the release of your personal information to Mary Kay and third parties in connection with the uses contemplated by the Privacy Policy. By registering on the Site, you consent to receiving marketing, promotional and other material by way of electronic messages from Mary Kay. If you do not wish to receive further emails from Mary Kay, you can unsubscribe by clicking the hyperlink in the email.
NO WARRANTY Mary Kay makes no warranties or representations, either express or implied, about any content on the Site, and to the fullest extent permitted by law excludes (or, where law does not permit an exclusion, limits to the fullest extent permitted by law) all:
- express and implied warranties and representations about the currency, accuracy, suitability or reliability of any content or information on the Site; and
- responsibility and liability for any loss or damage however caused whether in contract, tort (including negligence) or otherwise (including direct, indirect, consequential or special loss or damage, or loss of profits, loss of data, loss of savings and loss of opportunity) in any way whatsoever connected with any use, results of use, or access to the Site, or any reliance on information or material contained on the Site.
Information and material contained on the Site is not intended to be comprehensive and should not be relied upon in place of professional medical or beauty advice. Mary Kay accepts no responsibility for or liability in respect of functions contained on the Site and makes no warranties that the Site will operate uninterrupted or error-free or that defects will be corrected. Mary Kay does not warrant that the Site is compatible with your computer equipment or that the Site or its server is free of errors or viruses, worms or ‘Trojan Horses’ and Mary Kay is not liable for any damage you may suffer as a result of such destructive features.
THIRD PARTY LINKS Links to third party websites may be provided on this Site. If so, they are provided solely as a convenience to you. If you use these links, you will leave the Site. Mary Kay has not reviewed all third party websites and does not control and is not responsible for any of these websites or their content. Mary Kay will not be liable for any direct or indirect loss or damage suffered by you from accessing, using, relying on or trading with third parties. Mary Kay does not endorse or make any representations about such websites, or any information or materials found there, or any results that may be obtained from using them. If you access any third party websites linked to the Site, you do so at your own risk, and Mary Kay takes no responsibility for and accepts no liability in respect of the manner in which you use such websites. Mary Kay reserves the right to prohibit links to the Site and you agree to remove or cease any link upon its request.
ADVERTISING Any dealings with any advertiser appearing on the Site are solely between you and the advertiser or other third party. Mary Kay is not responsible or liable for any part of any such dealings or promotions.
REVISIONS OF SITE Mary Kay may change the content or technical specifications of any aspect of the Site at any time, at Mary Kay’s sole discretion. You accept these rights of Mary Kay and accept that such changes may result in you being unable to access the Site.
REVISIONS OF TERMS OF USE Mary Kay may revise these Terms of Use from time to time as new features are added to the Site, and as our business evolves. By using the Site, you agree to be bound by any such revisions. We may highlight individual aspects of changes to the Terms of Use, but you should check the Site for changes to these Terms of Use..
USER TRANSMISSIONS Any material, information, idea or other communication you transmit to or post on this Site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by Mary Kay and/or its designees for any purpose whatsoever including, but not limited to developing and manufacturing products ("Communications"). Mary Kay will have no obligations with respect to the Communications. Mary Kay and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial and non-commercial purposes. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.
GENERAL If at any time Mary Kay does not enforce any of the terms or conditions in these Terms of Use or grants you time or other indulgence, it will not be construed as having waived that term or condition or its rights to later enforce that or any other term or condition. Further, if any part or provision of these Terms of Use is deemed to be invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part of provision. The remaining terms and conditions of the Terms of Use will be binding on the parties.
CONTACT US We use e-mail links on this page to allow you to contact us directly with any questions or comments you may have, and we will try to reply promptly. We use this information to respond to your questions and may record your comments to improve our customer service. If you have any questions about these Terms of Use, please e-mail us at customercare@marykay.com.au.
©2008 Mary Kay Cosmetics Ltd. All rights reserved. No portion may be reproduced without written permission of Mary Kay Cosmetics Ltd.. Contact customercare@marykay.com.au
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