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AVEDA GIFT CARD WEBSITE TERMS OF USE

DEFINITIONS

In these Web Site Terms and Conditions, unless the contrary intention appears:

Accepted Payment Card means a VISA, MasterCard or American Express credit or charge card, or such other form of card payment as approved by AVEDA from time to time.

"We, our or us", "AVEDA" the "AVEDA Australia gift card website" and "AVEDA Australia" means AVEDA business in Australia, operated by Estée Lauder Pty. Limited (ACN 008 444 719) and includes its related companies, directors, employees and agents;

A reference to "you" or "your" is a reference to the person who is in possession of the Gift Card at the relevant time for the purposes of these Terms of Use and Conditions, or who authorises another person to do something with or to the Gift Card on their behalf.

PIN" means the 4-digit PIN printed on the back of the Gift Card. "AVEDA Australia" means "AVEDA " business in Australia is operated by Estée Lauder Pty. Limited (ACN 008 444 719).

"Gift Card" means the gift card that you have purchased or received.

"Remaining Gift Card Value" means, at any time, that portion of the initial value loaded onto your Gift Card which is unspent which and can be accessed by using the Gift Card in accordance with these Terms of Use.

"Web Site" means the website through which the AVEDA Gift Card is purchased, at www.aveda.com.au

Use of the Web Site

2.1. You agree to use the AVEDA Gift Card Website only for the purposes that are permitted by these Web Site Terms of Use and you must not use the Program or any part of the content of the Program for any other purpose.

2.2. You must not use the Web Site for any activities, or post or transmit to or through the Web Site any information or materials, that:
breaches any law, infringes a third party's rights or privacy, or which are contrary to any applicable standards or codes;
defames, harasses, threatens, bullies or offends any person or which inhibits any person from using the Web Site;
is obscene, indecent, discriminatory, inflammatory or pornographic or which could give rise to civil or criminal proceedings;
uses the Web Site to send unsolicited commercial or bulk electronic messages;
makes any fraudulent or speculative enquiries or requests using the Web Site;
tampers with, hinders the operation of or makes unauthorised modifications to the Web Site;
knowingly transmits any virus or other disabling feature to or via the Web Site;
gains improper access to or otherwise interferes with any system or network connected to or affiliated with the Program; or
attempts any of the above acts or permits another person to do any of the above acts.

2.3. You must not:
decipher, decompile, disassemble or reverse engineer, develop, adapt, enhance or amend any of the software or other IT tools forming part of, or relating to the Program, or combine the Program (or any part thereof) with any other product for any purpose whatsoever; or
attempt any of the above acts or permit another person to do any of the above acts.

Copyright

3.1. This Web Site and material on this Web Site comprises copyright material, trade marks and registered trade marks that are the property of AVEDA and third parties. This property may only be used by you for the purposes of browsing the Web Site, using its functionality and acquiring Rewards. Copyright and any trade marks on the Web Site, communications, artefacts and services that are owned by third parties have been licensed to AVEDA.

3.2. Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth) or any other applicable legislation throughout the world, you may not, in any form or by any means:
adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of this Web Site; or
commercialise any information, products or services obtained from any part of this Web Site without AVEDA's written permission.

Information Provided by You

4.1. When you set-up or update a Member account we may require you to provide a name, address, and contact details. We may subsequently require further details to enable the processing and delivery of any orders you make. You agree to provide AVEDA with current, complete and accurate information when asked to do so by the Web Site.

4.2. If you provide personal information of others to AVEDA, it is your responsibility to advise those individuals that you have provided that information to AVEDA.

4.3. Your personal information is collected, used and disclosed in accordance with AVEDA's 'Privacy Policy'.

4.4. The AVEDA's 'Privacy Policy' contains more information and also how you can seek access to, and correction of, your personal information held by AVEDA. It also explains how you can complain about a breach of your privacy and how your complaint will be dealt with.

Cookies

5.1. Cookies are alphanumeric identifiers that are placed on your computer's hard drive through your web browser, and enable AVEDA's systems to recognise your browser and welcome you back to the Web Site. Most internet browsers are pre-set to accept cookies. If you prefer not to receive cookies, you can adjust your internet browser to disable or to warn you when cookies are used. As there are many browsers in the marketplace, the easiest way to change your settings is by searching for cookies in your 'Help/Contents' and 'Index' option on your browser.

5.2. By disabling cookies, you will not be able to participate in some of the features offered by the Web Site. AVEDA recommends that you leave your cookies enabled, otherwise you will not be able to utilise all Web Site functions. The cookies do not send AVEDA back any information about your computer or any other information on your hard drive.

Virus Warning

All care is taken to ensure the Web Site and data transmissions are free from viruses or similar; however, we are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this Web Site or a linked website. You must take your own precautions to ensure that all data transfers from this Web Site are free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems. AVEDA do not warrant that your access to the Web Site will be uninterrupted or error free or that any defects will be corrected.

Linked Websites

7.1. This Web Site may contain links to other websites. Those links are provided for convenience only may not remain current or be maintained. Links to other websites should not be construed as any endorsement, approval, recommendation or preference by AVEDA of the owners or operators of the sites, or of any information, products or services referred to on those other sites unless specifically stated.

7.2. Unless otherwise stated the linked websites are not under the control of AVEDA and AVEDA is not responsible for the contents of any linked website. You link to any such website at your own risk.

Disclaimer

8.1. The information contained on the Web Site is provided by AVEDA in good faith. To the best of AVEDA knowledge, the information is accurate and current; however, AVEDA and its related bodies corporate, and any of their directors, officers, employees, consultants or shareholders ('Estée Lauder's Associates') do not make any representation or warranty as to the accuracy or completeness of the information.

.2. You further acknowledge and agree that, subject to the section dealing with 'Limitation of Liability', AVEDA will not be liable to you or any other person for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for product liability, personal injury or negligence resulting from use of the Web Site or Gift Cards supplied to you, or on behalf of you, through the Web Site.

GIFT CARD TERMS OF USE

Introduction

These Terms and Conditions of Use apply to all Gift Cards issued by AVEDA Australia. "AVEDA" business in Australia is operated by Estée Lauder Pty. Limited (ACN 008 444 719). Your purchase, redemption and general use of an AVEDA Australia gift card is subject to the following terms and conditions. Any use or attempted use of an AVEDA Australia gift card and / or the AVEDA Australia gift card websites constitutes acceptance of these terms and conditions. Please read them carefully.

Definitions

"PIN" means the 4-digit PIN printed on the back of the Gift Card. "AVEDA Australia" means "AVEDA" business in Australia is operated by Estée Lauder Pty. Limited (ACN 008 444 719). "Gift Card" means the gift card that you have purchased or received. "Remaining Gift Card Value" means, at any time, that portion of the initial value loaded onto your Gift Card which is unspent which and can be accessed by using the Gift Card in accordance with these Terms of Use. "We, our or us", "AVEDA" the "AVEDA Australia gift card website" and "AVEDA Australia" means AVEDA business in Australia, operated by Estée Lauder Pty. Limited (ACN 008 444 719) and includes its related companies, directors, employees and agents; A reference to "you" or "your" is a reference to the person who is in possession of the Gift Card at the relevant time for the purposes of these Terms of Use and Conditions, or who authorises another person to do something with or to the Gift Card on their behalf.

Gift Card Redemption & Exclusions

3.1 Redemption Except for the exclusions listed in paragraph 3.2 (Exclusions) below, once loaded with value your Gift Card may be redeemed for purchases at www.bobbibrown.com.au in Australia. 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.

3.2 Exclusions The following are the exclusions applicable to the redemption of your Gift Card:
Gift Cards cannot be used to purchase Gift Cards or other tender;

How to load value onto your Gift Card

4.1 Online Gift Card purchases
Gift Cards that are purchased from the AVEDA Australia Gift Card website are pre-loaded and activated in accordance with our AVEDA Australia Gift Card Website Terms and Conditions and the AVEDA Australia Privacy Policy. Purchase of AVEDA Australia Gift Cards online constitutes acceptance of the terms and conditions. A minimum of $10.00 and a maximum of $450.00 can be loaded on each Gift Card online. Pay for your Gift Card value with the tender of your choice (other than a Gift Card). The transaction will be completed when the Gift Card is activated and loaded with value. Gift cards are not reloadable. No change will be given.

Using your Gift Card

5.1 To use your eGift card in full or as part payment for orders made at www.esteelauder.com.au, please follow the instructions below:
Click 'Retrieve your eGift Card' link in the email to open the eGift Card in PDF form.
When proceeding to checkout, select 'I have a Gift card'.
Enter the 18 digit card number and PIN number found on the eGift Card PDF. Select the 'APPLY' button to proceed with the payment.

5.2 To use a Gift Card in full or part payment for orders made Online:
When proceeding to checkout, select ‘I have a Gift Card’.
Enter the 18 digit number on the back of the Gift Card
Peel off the foil box on the back of the Gift Card to reveal the PIN number and enter this in the box marked ‘gift card pin’.

5.3 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 initial Gift Card value or the remaining Gift Card value, you must pay the excess using another payment method.

5.4 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 AVEDA Australia exchange and returns policy. AVEDA Australia 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.

5.5 No cash advances Gift Cards are not legal tender, 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.

5.6 Checking your Gift Card balance, expiry date and transaction history You can check your Gift Card balance and expiry date at any time online at www.esteelauder.com.au/giftcards, or by calling 1300 554 268. For balance enquiries by phone, 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.

5.7 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.

Expiry, cancellation and re-issue of Gift Cards

6.1 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 AVEDA Australia.

6.2 Cancellation and voiding of Gift Cards

Gift Cards cannot be cancelled once they are issued except if they are cancelled by AVEDA Australia at AVEDA Australia’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.

AVEDA Australia 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.

6.3 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.

Lost or stolen Gift Cards

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.

Gift Card Transactions

The customer is liable for all transactions on the Gift Card except to the extent to which there has been fraud or negligence by AVEDAAustralia or any of its employees.

Intellectual Property

All material on the Gift Cards, and the AVEDA Australia 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 AVEDA Australia 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 AVEDA Australia Gift Card or AVEDA Australia or Gift Card Websites.

Warranties and limitations of liability

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 AVEDA Gift Card, the AVEDA Australia and AVEDA Australia 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.

General

In these Terms and Conditions:

"We, our or us", "AVEDA" the "AVEDA Australia gift card website" and "AVEDA Australia" means AVEDA business in Australia, operated by Estée Lauder Pty. Limited (ACN 008 444 719) and includes its related companies, directors, employees and agents;
II. You or your means the person or customers using the gift card or gift card websites;

We reserve the right to revise these Gift Card Terms of Use, our Privacy Policy and any other website terms and conditions (including but not limited to terms and conditions of purchase) simply by publishing amended Terms and Conditions (or relevant material) online. We are under no obligation to provide you with notice of updated materials.

These terms shall be governed by and construed in accordance with the laws of New South Wales, Australia. Any dispute under these terms shall be subject to the exclusive jurisdiction of the courts of New South Wales, 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 AVEDA Australia 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.

These Gift Card Terms of Use, Website Terms and Conditions and our Privacy Policy consist of the entire agreement between us and you as regards the subject matter.

Questions regarding our Terms and Conditions, Gift Card Terms of Use Privacy Policy, or other policy related material can be directed to our support staff.

Need more Information

If you have any questions regarding these Terms and Conditions, please contact us.