Terms of Service

OVERVIEW

This website is operated by jane iredale Australia. Throughout the site, the terms “we”, “us” and “our” refer to jane iredale Australia. jane iredale Australia offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall jane iredale Australia, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless jane iredale Australia and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.

SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - BEAUTY REWARDS PROGRAM

Thank you for your interest in participating in the jane iredale Australia Beauty Rewards Program (the "Beauty Rewards Program" or "Program").  The Program is offered at the sole discretion of jane iredale Australia ("we" or "our") and is subject to these terms and conditions of participation (the "Terms"), as modified from time to time, and the  jane iredale Australia terms of use (the "Website Use Terms"), as modified from time to time, that govern your use of the janeiredale.com.au website (our "Website"). Please read these Terms and the Website Use Terms carefully before participating in the Beauty Rewards Program. By participating in the Beauty Rewards Program, you agree to be bound by these Terms and the Website Use Terms. If you do not agree to these Terms and the Website Use Terms, you may not participate in the Beauty Rewards Program.

PROGRAM ELIGIBILITY & MEMBERSHIP

  1. The jane iredale Australia Beauty Rewards Program allows members to earn points in connection with the purchase of qualifying products and the performance of qualifying activities, as defined below, that are redeemable towards the purchase of certain products on our "Website".
  2. The Program is available to all individuals who are Australian residents, 18 years or older, and have an active janeiredale.com.au account.
  3. Earning points, redeeming rewards and tracking your activity is done through the Beauty Rewards Dashboard (the "Dashboard"). You must be logged into your janeiredale.com.au account to navigate these functions on the Dashboard.
  4. Participation in the Beauty Rewards Program is voluntary and you have the option to opt out at any time. 
  5. There is no purchase, payment or credit card required to participate in the Beauty Rewards Program.
  6. By participating in the Beauty Rewards Program you represent that you are at least eighteen (18) years of age, and you have read and agreed to these Terms.
  7. The Program is available only to individuals for their personal use. Jane Iredale employees are eligible to participate in the Beauty Rewards Program only for personal use.
  8. You may only participate in the Beauty Rewards Program through one janeiredale.com.au account. Any points or benefits earned through the use of more than one janeiredale.com.au account will not be redeemable, transferred to or merged with another account.

EARNING POINTS & COUPONS

  1. Members of the Beauty Rewards Program can earn points by making a qualifying purchase or performing a qualifying activity as defined below and outlined on the Dashboard.
  2. A Qualifying Purchase is a purchase of a regular or sale priced item that you make on our Website while logged into your janeiredale.com.au account. PURCHASES OF THE FOLLOWING ITEMS ARE NOT QUALIFYING PURCHASES: PURCHASE OF eGIFT CARDS, SALES TAX, SHIPPING CHARGES, DELIVERY CHARGES OR OTHER EXCLUDED CHARGES SPECIFIED BY jane iredale Australia FROM TIME TO TIME. You cannot use your accumulated beauty points to receive a discounted dollar of value and redeem new points within the same order. Earn 1 point per $1 spent is only applicable to items bought at full RRP by the consumer.
  3. A Qualifying Activity is an activity you can perform to earn a specified number of points. The Qualifying Activities that members can perform and the corresponding points earned are listed in the Earn Points tab on the Dashboard. The Qualifying Activities that members can perform include, but are not limited to, creating an account, sharing an image on Instagram, connecting with us on social media network sites, writing a review, and referring a friend to purchase. In order to earn points in connection with most of the Qualifying Activities you must be logged into your janeiredale.com.au account and in the Earn Points tab follow the prompts associated with the Qualifying Activity. In addition to any information provided in the Earn Points tab, information regarding sharing an image on Instagram, writing a review, and referring a friend to purchase is included below.
  4. A Qualifying Purchase will earn 1 point per $1 spent, but may earn more points per $1 spent if the Qualifying Purchase is made in connection with a bonus point event, and will post in the Activity tab on the Dashboard when your purchase ships. If the points from a Qualifying Purchase have been posted and the item purchased as part of the Qualifying Purchase is returned to us, then the points earned for the returned item will be deducted.
  5. A Qualifying Activity will earn the amount of points specified for the particular activity. Points from a Qualifying Activity will post in the Activity tab on the Dashboard after the Qualifying Activity is performed and approved.
  6. Once you have sufficient points you may redeem the points for a rewards coupon. Points cannot be combined with cash or with another member's points to obtain a rewards coupon. Points have no cash value and cannot be redeemed for cash at any time except where required by law. Points have no purpose or use other than in exchange for rewards coupons offered by jane iredale Australia. Rewards coupons will only be redeemable by the member to whom they are issued and may only be redeemed at our Website. Once a rewards coupon is redeemed it cannot be re-used or re-issued.
  7. Coupons may not be used towards purchases of eGift cards, charitable products, sales tax, shipping charges, delivery charges or other excluded charges specified by jane iredale Australia from time to time.
  8. Items purchased using a rewards coupon are subject to the jane iredale Australia return policy.
  9. Points and rewards coupons are non-transferable.
  10. jane iredale Australia reserves the right to limit the quantities of rewards coupons redeemed by a single member in a given time period.
  11. Points are not valid unless earned in strict compliance with the requirements established and intended by jane iredale Australia, and members shall not attempt to earn points by any means (including without limitation, by using any script, bot, data mine or other automated means) that only simulates applicable requirements, or by any fraudulent activity such as making false referrals.
  12. In the case of a dispute regarding the administration of the Beauty Rewards Program, or the points, rewards coupons or other benefits available to a member, jane iredale Australia's decision will be final. A member's exclusive remedy in the event of any questions related to the points, rewards coupons or other benefit earned by or available to a member shall be the issuance of the points, rewards coupons or other benefits, if available, or such other comparable benefit as determined by jane iredale Australia, in its sole discretion, which shall have no additional liability whatsoever.

REFER A FRIEND

  1. You can earn points by referring a friend to purchase by taking either of the following steps:
  • i. Log into your janeiredale.com.au account. In the Earn Points tab on the Dashboard click on "Refer A Friend" in connection with the Refer a Friend to Purchase Qualifying Activity and follow the prompts. You can either invite your friends by sending them an invite through one of the options available, either Facebook or Email, or by contacting them in another way and providing them with a referral link.
  • ii. On our Website, send your friends an invitation by clicking on "Refer Your Friends & Earn Points" on any product page and follow the prompts.
  • The referred friend must follow the prompts in the invitation and continue to make a purchase on our Website in the same browser session.
  • The purchase must be made using the unique savings code issued to the referred friend and must be in a minimum amount of $100 before the coupon savings is applied.
  • This purchase may not be returned. If the purchase is returned then the points you earned will be deducted from your account.
  • The referred friend must be at least 18 and a first time purchaser on our Website.
  • Points earned by referring a friend to purchase will post in the Activity tab on the Dashboard once the referred friend's order ships.
  • When you refer a friend to purchase you may need to submit personal information about yourself and your friends, such as name and email address. You agree to receive communications from us relating to your referral and to allow us to communicate with your friends about your referral (for example, by disclosing to your friends that an invitation was sent by you). Any information collected from you or your friend's as part of your referral will be subject to our Privacy Policy.

POINT EXPIRATION

Points earned will expire after 720 days of inactivity. There are two emails sent prior to expiration.  The first email is sent when a member's points are expiring in 30 days. The second and final email notification is sent when a member's points are expiring in 3 days. 

ACCOUNT INFORMATION

Any personal information you provide in connection with the Beauty Rewards Program will be handled in accordance with the jane iredale Australia Privacy Policy.

COMMUNICATIONS

By participating in the Beauty Rewards Program, you will periodically receive emails from us related to your membership in the Beauty Rewards Program, such as emails informing you that you have enough points to redeem a rewards coupon and that a referred friend has made a purchase. If you do not want to receive these emails you will have the option to unsubscribe from them.

GENERAL INFORMATION

The Program and its benefits are offered at the discretion of jane iredale Australia and jane iredale Australia may, in its discretion, cancel, modify, restrict or terminate the Beauty Rewards Program or any aspects or features of the Beauty Rewards Program at any time without prior notice even though such changes may affect the ability to use points and/or rewards coupons already earned.

If, in sole discretion, jane iredale Australia suspects fraud, misrepresentation, abuse or violation of the applicable rules involving the Beauty Rewards Program, jane iredale Australia has the right to take the appropriate administrative and/or legal action, including the cancellation of earned points and termination of Program participation.

The sale or barter of any points offered through the Beauty Rewards Program, other than by jane iredale Australia, is expressly prohibited.

jane iredale Australia reserves the right to make promotional offers selectively available to members, based on purchase activity, geographic location, program participation, or other factors.

Earned points are not transferable in the event of death or divorce and do not constitute property of the member.

Each member is responsible for remaining knowledgeable about the Terms and the points in her/his account. jane iredale Australia is not responsible for problems related to any of the equipment or programming associated with or utilised by the member, any human error, any interruption, deletion, omission, defect or failure of any network or electronic transmission for whatever reason.

SECTION 21 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at hello@janeiredale.com.au.