Thank you for accessing our website www.garnier.com.au (the “Website”). Please read these terms and conditions (the “Terms”) before using the Website.
The Website is operated by L’Oréal Australia Pty Ltd of 564 St Kilda Road, Melbourne VIC 3004 (“L’Oréal”). Use of the Website and membership of The Circle are governed by these Terms. By using the Website, you signify your acceptance of the Terms in consideration of which L’Oréal provides you with access.
Your failure to follow these Terms may result in suspension or termination of your access to the Website and your membership of The Circle, without notice.
From time to time L’Oréal may modify the Terms. Accordingly, please continue to review the Terms whenever accessing or using the Website.
Membership of The Circle
Your membership of The Circle is personal to you and you must not authorise others to use your membership.
It is a condition of membership of The Circle that you ensure that your membership details are kept up-to-date and accurate. You are responsible for all access to the Website via your membership of The Circle.
As a member of The Circle you will be given the opportunity to enter competitions from time to time via the Website and The Circle newsletter, as well as the opportunity to take advantage of special offers.
Each competition and special offer is subject to terms and conditions which will be available to you via the The Circle newsletter and the Website at the time of entering the competition or viewing the offer.
While L’Oréal has endeavoured to ensure the accuracy of the information accessed via the Website as well as the information made available to The Circle members, L’Oréal does not guarantee or give any warranty as to the accuracy, timeliness or completeness of any information or material on the Website or in any information directed to members.
Links to the website
Websites or pages to which the Website is linked are for information only and have not been reviewed by L’Oréal. L’Oréal has no responsibility for the content of the websites or pages linked or linking to the Website, and L’Oréal accepts no responsibility or liability for any losses or penalties whatsoever that may be incurred as a result of any linking to any location on any linked websites.
The Website, including (but not limited to) text, content, software, video, music, sound, graphics, photographs, illustrations, artwork, photographs, names, logos, trademarks, service marks and other material (
Content) is protected by copyrights, trade marks and/or other proprietary rights. The Content may include both content owned or controlled by L’Oréal and content owned or controlled by third parties and licensed to L’Oréal. All individual articles, reports, and other elements making up the Website may be copyright works. You agree to abide by all applicable copyright laws and by all additional copyright notices or restrictions contained in the Website.
You may not use any of L’Oréal’s trade marks, trade names or brands without L’Oréal’s prior express written consent and you acknowledge that you have no ownership rights in or to any of those names, brands or marks.
You agree to notify L’Oréal in writing promptly upon becoming aware of any unauthorised access to or use of the Website by any party or of any claim that the Website or any of the contents of the Website infringes any copyright, trade mark or other contractual, statutory or common law rights of any party.
Licence and download rights
You acquire no rights or licences in or to the Website and/or the Content other than the limited right to use the Website in accordance with these Terms and to download on the terms set out in this section. Other than as set out in this section you may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to create derivative works from, transmit, or in any other way exploit any part of the Website.
L’Oréal permits the download of Content from the Website provided that:
(i) you make no more than one printed copy of such download and no further copies of such printed copy are made;
(ii) you make only personal, non-commercial use of such download and/or printed copy; and
(iii) you retain on such download and/or printed copy all copyright notices and remain bound by the terms of such wording and notices.
Additionally, you may not offer for sale or sell or distribute over any other medium (including distribution by television or radio broadcast or distribution on a computer network) the Content or any part thereof. You may not make any part of the Website available as part of another website, whether by hyperlink, framing or otherwise. The Website and the information contained therein may not be used to construct a database of any kind, nor may the Website be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute any database websites containing all or part of the Website.
If you would like information about obtaining L’Oréal’s permission to use any of the Content or if you would like to link your website to the Website, email your enquiry to firstname.lastname@example.org
L’Oréal has provided the Website as a general information service. All information provided on the Website and through membership of The Circle is intended for your general knowledge only. It is not intended to be comprehensive and should not be relied upon in place of professional medical or beauty advice.
The Website and the Content are provided “as is”. L’Oréal makes no warranties or representations about any Content or information on the Website or information directed to members of The Circle, either express or implied. To the fullest extent permitted by law, L’Oréal excludes all warranties and representations about the currency, accuracy, suitability or reliability of any content or information on the Website. L’Oréal further accepts no responsibility or liability for functions contained on the Website and makes no warranties that the Website will operate uninterrupted or error-free or that defects will be corrected. Please note that some jurisdictions do not allow the exclusion of implied warranties, so some or all of the above exclusions may not apply to you.
L’Oréal does not warrant that the Website is compatible with your computer equipment or that the Website or its server is free of errors or viruses, worms or “Trojan horses”. L’Oréal is not liable for any damage you may suffer as a result of such destructive features.
L’Oréal shall not be held responsible for Content provided by third parties. L’Oréal is also not responsible for the reliability or continued availability of the telephone lines and equipment you use to access the website.
Limitation of liability
You acknowledge that your use of the Website, including the Content is at your own risk. If you are dissatisfied with the Website, your membership of The Circle, the Terms, or any of the Content you should discontinue using the Website.
L'Oréal excludes all liability to you or any third party for any direct, special, indirect, consequential or incidental costs, losses, damages and expenses, exemplary or lost profits, or any other damages of any kind incurred in any way (including but not limited to those arising from negligence), whether based on warranty, contract, tort (including negligence) or otherwise, even if L’Oréal has been advised of the possibility thereof. Applicable law may not allow the limitation or exclusion of liability for consequential or incidental damages, so this limitation or exclusion may not apply to you.
Local laws and regulations
The Website is not directed at any person in any jurisdiction where for any reason the publication or availability of the Website is prohibited. Those in respect of whom such prohibitions apply must not access the Website or become a member of The Circle.
L’Oréal does not represent that either the Website or the Content are appropriate for use or permitted by local laws in all jurisdictions. Those who access the Website do so on their own initiative and are responsible for compliance with applicable local laws or regulations; legal advice should be sought in cases of doubt.
You agree to indemnify, defend, and hold harmless each of L’Oréal, its employees, representatives and agents, from and against any claims, actions, demands or other proceedings brought against any of L’Oréal, its employees, representatives or agents, by a third party, to the extent that such claim, suit, action or other proceeding brought against L’Oréal, its employees, representatives, suppliers, or agents is based on or arises in connection with:
(i) your use of the Website (including any use as a member of The Circle);
(ii) any breach by you of the Terms;
(iii) a claim that any use of the Website by you (including any use as a member of The Circle)
(aa) infringes any intellectual property rights of any third party, or any right of personality or publicity; or
(bb) is misleading, libellous or defamatory, or otherwise results in injury or damage to any third party; or
(iv) any deletions, additions, insertions, or alterations to, or any unauthorised use of, the Website (including any use as a member of The Circle) by you.
References in this section of the Terms to your use of the Website shall be deemed to include any use by a third party where such a third party accesses the Website using your computer.
You agree to pay L’Oréal, its employees, representatives, and agents any and all costs, damages, and expenses (including reasonable legal fees) awarded against any of them or otherwise incurred by any of them in connection with or arising from any such third party claim, suit, action or proceeding attributable to any such third party claim.
L’Oréal has the right to terminate or suspend operation of the Website or your membership of The Circle, for any or no reason, without notice and without liability.
Changes to the website
You accept that L’Oréal has the right to change the Content, technical specifications of any aspect of the Website at any time in its sole discretion. You further accept that such changes may result in your being unable to access the Website.
No waiver by L’Oréal of any breach of any obligation arising under these Terms shall constitute a waiver of any other breach and no failure to exercise or partial exercise by L’Oréal of any remedy shall constitute a waiver of the right subsequently to exercise that or any other remedy.
Governing law and jurisdiction
The Terms are governed by the laws of Victoria, Australia and the parties submit to the exclusive jurisdiction of the courts of Victoria, Australia.