MOR Cosmetics

Terms And Conditions For Use Of Website

This website (www.morcosmetics.com) is owned and operated by MOR Corporation Australia Pty Limited ACN 138 925 596 ("MOR", "we" or us"). The use of this Website is governed by the following terms and conditions, our privacy policy and any other terms and conditions, notices and disclaimers displayed elsewhere on the Website relating to your use of the Website as amended by us from time to time (the "Terms and Conditions").

By using the Website and/or order goods through the Website, you acknowledge that you have read and understood these Terms and Conditions and agreed to be bound by them. You should read and familiarise yourself with these Terms and Conditions prior to using the Website.

If you do not agree with these Terms and Conditions you must immediately stop using the Website.

1. Membership

To access or use certain parts of the Website, you must register as a member of the Website.  When registering as a member of the Website, you must provide us with accurate, complete and up-to-date information as requested. It is your responsibility to inform us of any changes to that information.

You are permitted to create one profile for yourself. You must not create multiple member profiles on the Website.

All personal information you provide to us will be treated in accordance with our Privacy Policy.

You may terminate your membership of the Website for any reason only by providing written notice to us. You can provide notice of termination by contacting us via the Contact Us page.

We reserve the right, without limitation, to do any or all of the following in relation to your membership:

(a) suspend your membership;

(b) terminate your membership for any reason by providing notice to you by email;

(c) terminate your membership immediately without notice to you if you have committed a breach of the Conditions; and

(d) permanently or temporarily block your access to all or part of the Website.

2. Availability

MOR does not represent or warrant that the Website will be accessible or available on a timely basis, or that access to the Website will be uninterrupted or error free.

Nothing in these Terms and Conditions obliges us to continue operating all or any part of the Website. We may modify or close down the Website (or part of it) at any time without any liability on our part.

3. Privacy & Security

We will use our reasonable endeavours to keep confidential any information provided by you via the Website and will not deliberately disclose any such information to any third parties without your prior authorisation.

Notwithstanding we may provide aggregate demographic and other information to third parties, provided that such information has been opted in and agreed by you.

Information sent by or to you via the Website is not encrypted. You acknowledge that we do not guarantee the security of the content of any such information and it is entirely your responsibility to satisfy yourself as to whether our security measures are sufficient for your requirements.

Refer to our Privacy Policy for further information.

4. Links to Third Party Sites

This Website may contain links to other websites maintained by third parties.

We do not make any representation as to the accuracy or suitability of any of the information contained on those other websites, and do not accept any responsibility or liability for the conduct of those third parties or content of those other websites.

If this Website contains third party advertisements (such as banner ads or referral buttons) which contain embedded links to other sites where goods or services are advertised, the placement of such advertisements on this Website does not constitute the recommendation or endorsement by us of any goods or services advertised by the third party. The third party advertiser is solely responsible to you for any representations or offers made by it, and for any goods or services which you agree to purchase from those third parties.

5. Prohibited Conduct

You agree that you will not:

(a) use any automated device, software, process or means to access, retrieve, scrape, or index our Website or any content on our Website;

(b) use any device, software, process or means to interfere or attempt to interfere with the proper working on our Website or undertake any action that will impose a burden or make excessive traffic demands on our infrastructure;

(c) use code or other devices containing any reference to the Website to direct other persons to any other web page;

(d) except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website or cause any other person to do so; 

(e) use any content on, or index our Website for purposes of constructing or populating a searchable database of properties or competing with us in any manner;

(f) violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right;

(g) transmit or attempt to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature.

(h) use the Website or any material on it:

(i) to transmit (or authorise the transmission of) "junk mail," "chain letters," unsolicited emails, instant messaging, or "spamming";

(ii) to impersonate any person or entity;

(iii) to solicit money, passwords or personal information from any person;

(iv) to harm, abuse, harass, stalk, threaten or otherwise offend others; or

(v) for any unlawful purpose or in breach of any applicable laws.

6. Intellectual Property

Unless otherwise indicated, intellectual property in all information, data, images, logos and trademarks contained on this Website is owned by or licensed to us and all rights are reserved. You must not use any trademarks, service marks or logos which appear or are used on this Website, nor do anything to prejudice, or which is inconsistent with, the rights of the owner or licensee of such trademarks, service marks or logos.

The subject matter on and accessible from our Website and publications is copyright. Apart from fair dealing permitted by the Copyright Act 1968, you have permission to download copyright material only for private and non-commercial purposes provided you keep intact all copyright and other proprietary notices.

You agree that information contained on this Website is for personal use only and may not be sold, redistributed or used for any commercial purpose

You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this Website including code and software. You must not use this Website for any purpose that is unlawful or prohibited by these terms of use.

You may not use data mining, robots, screen scraping, or similar data gathering and extraction tools on this Website for establishing, maintaining, advancing or reproducing information contained on our Website on your own website or in any other publication, except with our prior written consent.

7. Viruses

We do not warrant that any data (including any software or other file) obtained through this Website is free of infection or viruses, worms, Trojan horses, code that manifests contaminating or destructive properties or other faults or defects. It is your responsibility to ensure that you use appropriate virus scanning software. We will not be liable for any loss or damage caused (whether negligently or otherwise) by any virus transmitted through this Website.

8. Cookies

Cookies are data files stored on your computer after you access certain websites. Cookies are primarily used to identify visitors when they return to a site, so that certain information already provided by the visitor to a site is not required to be provided again.

Cookies are also used to gather data on which areas of a site are visited frequently and which are not. Keeping data on which areas of a site are most popular allows a site operator to better plan and enhance the site.

Cookies are useful, and are used by us in this manner. We acknowledge that some users may wish to disable cookies.

This can be done by changing your web browser settings. To find out more about cookies, visit an appropriate website, such as Cookie Central.

9. Security

While we take all due care in ensuring the privacy and integrity of the information you provide, the possibility exists that this information could be unlawfully observed by a third party while in transit over the Internet or while stored on our systems or on the Website and accordingly we disclaim all liability to you to the greatest extent possible pursuant to law should this occur.

To become a registered member or user, you must provide a password and a login name. You are entirely responsible if you do not maintain the confidentiality of your password and login name. Furthermore, you are entirely responsible for any and all activities that occur under your login name.

You agree to immediately notify us of any unauthorized use of your login name or any other breach of security known to you.

10. Disclaimer & Indemnity

While we will attempt to ensure that the information provided on the Website (including illustrations and specifications for goods) is correct, we cannot guarantee the reliability, accuracy or completeness of that information.

The information provided on the Website should not be considered advice of any nature. Such information is provided on an "as is" basis, without warranties or representations of any kind, either express or implied to the maximum extent permitted by law. MOR recommends that you read the label on goods carefully before using them.

To the fullest extent permitted by law, neither we, nor any of our subsidiary or affiliate companies or each of their respective officers, employees, agents, contractors or agents (altogether "Company and Staff") shall be liable for any loss, damage, claim, expense, cost or liability arising from, or relating to your use or non-use of the Website, your reliance upon information contained upon the Website or transactions submitted online via the Website. In particular, the Company and Staff will have no liability for any loss, damage, claim, expense, cost or liability you suffer as a direct or indirect result of any:

(a) failure to receive any electronic message from you or any other person using the Website, or any corruption of any such message;

(b) inaccuracy of any information contained on the Website;

(c) action taken by you as a result of information contained on the Website;

(d) temporary or permanent unavailability of the Website;

(e) interception of, or any other unauthorised dealing with, any electronic message sent by you or any other person using the Website;

(f) defect in, or problem with, any computer system or communication link;

(g) delays in electronic communication; or

(h) unavailability of, or defect in, any goods advertised on the Website.

To the extent that our liability cannot be excluded by law our liability will be limited, at our option, to:

(a) in the case of services supplied or offered by us:

  (i) the re-supply of those services; or

  (ii) the payment of the cost of having those services re-supplied; and

(b) in the case of goods supplied or offered by us:

  (i) the replacement of the goods or the supply of equivalent goods;

  (ii) the payment of the cost of having the goods replaced; or

  (iv) the payment of the cost of having the goods repaired.

To the fullest extent permitted by law you agree to release and discharge MOR and its related corporations, officers and employees from all forms of direct, special, indirect or consequential loss or damage (including loss of profits or other loss of damage that may reasonably be supposed to have been in the contemplation of the parties as at the date of the agreement and which arises out of or in connection with this Website or any online orders submitted through this Website (including the installation, downloading, use or performance of any software related to the MOR Website.

11. Termination

Your ability to access and use the Website may be terminated by us at any time without notice and without any liability to MOR and its officers, employees and contractors.

Any indemnities given by you and limitations on liability as stated above will survive such termination.

12. Compliance with Laws

You must comply with all applicable laws, regulations, and codes in relation to your access to, or use of the Website.

13. Miscellaneous

A right relating to these Terms and Conditions may only be waived by us in writing. Our failure to exercise or enforce any rights or any provision of these Terms and Conditions will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

These Terms and Conditions are governed by, and are to be construed in accordance with, the laws in force in the State of Victoria, and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts in that State. If any provision of these Terms and Conditions is held void, unenforceable or illegal, that provision will be severed, and the rest of these Terms and Conditions will have full force and effect.

Specific Terms For Online Orders

As a valued customer to our Website we recommend that in addition to the Terms and Conditions specified above, the following Terms and Conditions apply to orders for goods submitted by you online. By completing the customer application process and using the MOR online order system, you are bound by these online order Terms and Conditions.

As you access, browse, use and/or purchase from the MOR network you agree to and are bound by all the Terms and Conditions and any relevant disclaimers contained herein. It is also agreed that you acknowledge and understand them.

MOR Corporation reserves the right to change any or all of the information contained herein.

1. Pricing

The prices that appear in this website are quoted in Australian or US dollars only. The price of the products will be the price quoted on the Websites at the date the order is received in the currency you have selected. The price will include any applicable GST.

A link to the currency converter XE Universal Currency Converter has been provided to give live mid-market conversion exchange rates for indicative prices only.

MOR Corporation Australia Pty Ltd is in no way associated with XE Universal Currency Converter and will not accept any responsibility or liability with this company or for the accuracy of the rates provided by them.

When we provide any products to you, payment will be charged to the credit card account provided by you during checkout. Any deposit paid will be deducted from the final payment on any order. We accept credit payments by Visa and Mastercard.

By placing an order, you consent to payment being charged to your credit account as provided on the order. All credit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.

2. Orders

Any order placed by you is in effect an offer by you to purchase a product for the total price (including delivery and other charges) specified in this website. Your contract with MOR will only come into existence once you have fully paid for your order, your order has been accepted and your receipt has been confirmed.

From time to time the MOR E-Boutique will run promotional offers including discounts, free shipping, gift with purchase and incentive purchases. All offers outlined on the MOR E-Boutique are open to retail customers only and strictly not available to wholesale accounts.

MOR cannot ship to PO Box addresses.

3. Returns

Delivery times on this website are indicative only. As the delivery is done by an external party, MOR cannot be held liable for any failure to observe these delivery times. Therefore it is understood and agreed that you shall not be entitled to withdraw or modify the commitment made for the purchase of products from this web site once that commitment has been made for any reason, including without limitation, due to any delay in delivery.

If however, delivery has not been effected after 20 days from the indicative delivery date the customer may treat the failure to delivery as terminating contractual event and receive a full refund.

The MOR returns policy allows a customer to return the goods within 10 days if the product is damaged and is not what the customer had originally ordered.  This is in addition to any statutory or other consumer rights to which you are entitled by law.

MOR guarantees it will cover the cost of returning replacement goods for any damaged items received, as well as the shipping costs involved.

4. Product Description

MOR website aims to be as accurate as possible in our descriptions. However we do not warrant that product descriptions or other content on our website is accurate, complete, reliable current or free from error.

While MOR has endeavoured to display accurately the colours of the products, please be aware the actual colours you see will depend on your monitor.

5. Online Promotions

The MOR E-Boutique may promote a unique promotional code, offering customers a ‘special offer' valid with certain specified, purchases made through the MOR website only. This can be limited to select discounts, free shipping or $ amount discount on select products, within a specified time frame.

The relevant promotional code given is to be used in the "Have a Promo Code" box when prompted prior to checkout.

The cost redemption for each promotional code will be updated at the checkout screen to reflect the details of the promotional offer.

With each specified promotional code, it can or may be exclusive to specific regions - such as USA, Europe & Asia Pacific only or the Australia and New Zealand regions only. From time to time the promotional offer may apply globally.

Any unique promotional code advertised/promoted by MOR Cosmetics on behalf of the MOR E-Boutique can only be redeemed online at www.morcosmetics.com

All E-Boutique promotions strictly exclude activation at other speciality, retailer or department stores unless specified.

MOR stipulates no online promotion can be  used in conjunction with any other online offer, and stock is always subjected to availability.

The MOR 30% off Birthday Promotion can only be redeemed within the month of the member’s birthday only. It is not available in conjunction with any other offer. It may only be redeemed with full priced products only, excluding gifts, MOR Gift Boxes and sale items. This promotion is exclusive to MOR Privileges Members only. 

All promotions received from MOR are consumer promotions only, and can only be redeemed once unless otherwise stated.

No rainchecks are available against any promotional product offered to any MOR E-Boutique consumer.

MOR Cosmetics (incorporating the MOR E-Boutique) stipulates any promotional item or product received is not transferable or exchangeable and cannot be taken as cash or sold.

All promotional codes must all be redeemed separately and cannot be combined in single orders.

DISCLAIMER


MOR Corporation reserves the right to change any or all of the information contained herein without notice. We recommend that you re-visit the Terms & Conditions from time to time to remain fully updated.

The MOR website is owned and operated by MOR Corporation Australian Pty Ltd (ACN: 138 925 596)