Terms & Conditions

Terms and Conditions

1. This website is owned by The Beauty Drop (Beauty Drop), a wholly owned subsidiary of GrowthOps APD Ltd.
2. These Terms and Conditions apply to your use of the website www.thebeautydrop.com.au (Site). Please read these Terms and Conditions carefully before accessing or using the information and services available through the Site. By accessing or using the Site you agree to be bound by these Terms and Conditions.
3. Beauty Drop reserves the right in its sole discretion to modify these Terms and Conditions from time to time and you should regularly review them. Your continued use of the Site and our services constitutes your agreement to these Terms and Conditions and any modifications to them.

Access

1. Beauty Drop reserves the right to deny you access to, or use of, all or part of the Site, without prior notice, if you engage in any conduct that the Beauty Drop believes, in its sole discretion violates any term or provision of these Terms and Conditions or violates the rights of The Beauty Drop or third parties or is otherwise inappropriate for continued access and use of the Site.
2. You acknowledge that Beauty Drop has no obligation to monitor your access to or use of the Site, but has the right to do so for the purpose of operating the Site, or to ensure compliance with these Terms and Conditions, or to comply with any law or order of a court.

Use and Eligibility

1. The Site is only for individuals who can form legally binding contracts. By using the Site you are representing that you are 18 years of age or over.
2. You must use this Site for lawful purposes only. You must not use the Site to: 3. Infringe any third party rights including copyright or other intellectual property; 4. impersonate or otherwise misrepresent your identity or affiliation with any other person or entity, or commit forgery (or attempted forgery); 5. interfere with or disrupt the Site or servers or networks connected to the Site; 6.harvest or otherwise collect or store data about other users or merchants, including e-mail addresses; and 7. violate any applicable state, Commonwealth or international law or regulation.
3. Beauty Drop will not be liable for interference to or damage to your computer systems which occur in connection with the use of this website.

Links and Advertising

1. Beauty Drop has not investigated or verified third party sites which may be linked to or from this Site. These links are provided for convenience only. Neither Beauty Drop nor its officers, directors, employees, agents, or related bodies corporate recommend or endorse the content or privacy practices of any third party sites which may be linked to or from the Site, or products or services of any third party organisations mentioned or described on the Site or linked to or from the Site. You acknowledge that you enter any third party sites at your own risk and that Beauty Drop is not responsible for third party sites.
2. The Site may contain advertisements for third parties’ goods and/or services. The third party advertisers are responsible for the accuracy of all representations made in those advertisements. If you choose to order a product or service advertised by a third party on the Site, you do so at your own risk.
3. This site uses Google Analytics Advertising features, including demographic and interest reporting. You can opt out of Google Analytics at this link (https://tools.google.com/dlpage/gaoptout)
4. Terms and conditions may apply to specific third party advertisements hosted on the Site – customers must check the specific terms and conditions that apply when visiting any third party advertising site.

Indemnity

1. You agree to indemnify, defend, and hold harmless the Beauty Drop, and its officers, directors, shareholders, employees, consultants, licensors, suppliers, agents, and related bodies corporate from any and all third-party claims, liability, damages, and costs (including, but not limited to, reasonable lawyers’ fees) arising from your use of the Site or your failure to comply with these Terms and Conditions, or from your violation of any applicable law.

Content

1. To the extent permitted by law, the Beauty Drop makes no warranties in relation to the Content, completeness of search results, suitability, quality, safety or legality of any items listed on the Site or the availability of users to complete a transaction with third parties.
2. Intellectual Property Rights/ Limited Licence to use the Site
3. The information, text, materials, graphics, logos, button icons, images, video and audio clips, trade marks (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, and control features of the Site (Content) is protected by copyright, trade mark and other intellectual property laws.
4. You must not modify, copy, reproduce, republish, upload to a third party, communicate or distribute in any way the Content, except in accordance with these Terms and Conditions or as permitted by Part 3 – Division 4A of the Copyright Act 1968 (Cth).
5. The Beauty Drop logo and name are the property of GrowthOps APD Ltd and may not be used as part of your business or in connection with any goods and services without the prior written consent..
6. If you consider that any Content on the Site breaches your intellectual property rights please notify the Beauty Drop. Notification and any action that the Beauty Drop may take in response to the notification is not an admission that there has been a breach of intellectual property rights, or that Beauty Drop accepts any liability in relation to such a breach. Beauty Drop does not guarantee to take any action if notified under this clause.

Disclaimer of Warranties and Limitation of Liability

1. This Site is provided by Beauty Drop without any express or implied warranty of any kind;
2. you acknowledge and accept the risk that any communication to or from the Site may be intercepted, used or modified by third parties;
3. Beauty Drop does not warrant that access to or use of this Site will be uninterrupted or error free or that the Site or any material on or accessible through the Site is free from errors or viruses, worms, trojan horses, time bomb, cancelbot or other harmful components;
4. Beauty Drop does not warrant anything about the reliability, ownership, accuracy, completeness, timeliness, quality, physical state or suitability for a particular purpose of any Content, software, text, graphics, links, communications, or any other material provided on or accessible through the use of the Site;
5. Beauty Drop may change any of the material on the Site at any time without notice;
6. Beauty Drop makes no commitment to update any material on the Site; you are responsible for assessing the accuracy, reliability, suitability and accuracy of the material on or accessible through the Site;
7. you accept all risks and responsibility for all loss, damage, costs and other consequences resulting from using the Site or the material on or accessible through the Site; and
8. in no event shall Beauty Drop be liable for any direct, special, indirect, incidental, consequential loss (including among other things loss of any data, revenue or profits), punitive, or exemplary, damages of any kind or subject to equitable or injunctive remedies (whether based on breach of contract, tort, negligence, strict liability or otherwise) arising out of:
9. access to, or use of this Site, or delay or inability to use this Site, or any information contained in this Site;
10. the availability and utility of products and services;
11. the availability or accuracy of third party websites; or
12. any breach of any third party intellectual property rights.
13. Where the consumer guarantees provided in the Competition and Consumer Act 2010 (Cth) apply and there has been breach of any of those consumer guarantees, then the Beauty Drop relies on Section 64A of the Competition and Consumer Act 2010 in that respect and the Beauty Drop liability for any breach of the consumer guarantee is limited to:
14. Where there is a supply of goods to the replacement or resupply of equipment goods or the payment of the costs of replacing the goods or acquiring replacement goods;
15. Where there is a supply of services to supply of the services again or the payment of the costs of having the services supplied again.
16. Subject to the provisions of the Competition and Consumer Act 2010 (Cth) and to the fullest extent permitted by law the Beauty Drop disclaims all warranties expressed or implied including but not limited to implied warranties of merchantability and fitness for any particular purpose.
17. Nothing in this limitation of liability shall exclude liabilities not permitted to be excluded by applicable law.

Assignment

1. These Terms and Conditions may not be dealt with in any way by you (whether by assignment or otherwise) without The Beauty Drops prior written consent. You agree that The Beauty Drop may assign this agreement to a third party without notice.

Governing law

1. These Terms and Conditions are governed by and construed according to the law of the State of Victoria, Australia and each party submits to the non-exclusive jurisdiction of the courts of that State.

Entire Agreement

1. Terms and Conditions constitute the entire agreement between you and The Beauty Drop with respect to this Site, and the Terms and Conditions replace all prior or contemporaneous understandings or agreements, written or oral, regarding the Site.

General

1. The Beauty Drop shall not be liable by reason of the failure in the performance of obligations under the Terms and Conditions by reason action or any cause which is beyond the reasonable control of the Beauty Drop, including any form of technological failure or the actions of third parties.
2. If any provision of these Terms and Conditions is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible and will be deemed deleted to the extent that it is nor enforceable, and the remaining provisions of the Terms and Conditions shall remain in full force and effect.
3. The failure by The Beauty Drop to insist upon or enforce strict performance of any of these Terms and Conditions will not be construed as a waiver of any right or remedy of The Beauty Drop in respect of any existing or subsequent breach of these Terms and Conditions.

Dated: 07/06/2022

TheBeautyDrop.com.au Competitions

The Promoter of this competition is TheBeautyDrop.com.au, ABN 30 000 386 685, Level 11, 31 Queen St, Melbourne, VIC, 3000.

Information on how to enter and prizes form part of these terms and conditions. By participating, participants agree to be bound by these terms and conditions. Entries must comply with these terms and conditions to be valid.

The ‘Tell Us More’ competition period for the competition opens on 21st July 2022 at 00:01 (AEST) and closes on 28th August 2022 at 17:00 (AEST) (Competition Period).

Total total prize valued at no more than AUD$500.

The prize consists of: 1 x VISA PrePaid Gift Cards valued at $500ea.

The ‘Refer A Friend’ competition period for the competition opens on 21st July 2022 at 00:01 (AEST) and closes on 28th August 2022 at 17:00 (AEST) (Competition Period).

Total total prize valued at no more than AUD$1,000.

The prize consists of: 2 x VISA PrePaid Gift Cards valued at $500ea.

The ‘Win A Deluxe Beauty Box’ competition period for the competition opens on 24th August 2022 at 00:01 (AEST) and closes on 28th August 2022 at 17:00 (AEST) (Competition Period).

The prize consists of: 1x YSL - Rouge Pur Couture Mini, Shade 196 1x Kerastase - Elixir 1x Keihl's - Retinol Daily Micro-Dose Serum 1x La Roche Posay - Effaclar Serum 1x Endota - Organics Deep Hydration Moisturiser 1x Bobbi Brown - Long-wear Cream Shadow Stick 1x SkinCeuticals - Resveratrol Serum 1x ITCosmetics - Bye Bye Pores Pressed Powder

The Promoter reserves the right to end this competition without warning at any time. Entry is open to residents in Australia only who are 18 years or older.

Employees, immediate family, guarantors and contractors of the Promoter, and suppliers or product partners of the Promoter and their immediate family, are not eligible to enter.

To enter the ‘Tell Us More’ competition, participants must: During the competition period, Eligible Participants who signed up to TheBeautyDrop.com.au newsletter may receive an invitation to provide some more information via email.

Eligible Participants who provide required details via the supplied online form will gain one entry into the prize draw.

Max entries limited to one per person.

To enter the ‘Refer A Friend’ competition, participants must: During the competition period, Eligible Participants who signed up to TheBeautyDrop.com.au newsletter will receive an email to share a unique URL with friends. When a user shares their unique URL and a new user signs up using this URL, they will receive one entry.

To enter the ‘Win A Deluxe Beauty Box’’ competition, participants must: During the competition period, Eligible Participants must like and comment on the instagram post on https://www.instagram.com/beautydropau/ and must be following https://www.instagram.com/beautydropau/.

No part of the prize is exchangeable, redeemable for cash or credit or any other prize and is not transferable. No prize or any part thereof can be gifted to someone else.

If the prize is unavailable, for whatever reason, the Promoter reserves the right to substitute the prize for a prize of equal or greater value, subject to State Regulation.

Once prizes or component elements of the prizes have left the Promoter’s premises, the Promoter takes no responsibility for prizes (or any part thereof) being damaged, delayed or lost in transit.

Winners will be electronically drawn at 11:30am AEST on Friday, 1st September 2022 at Level 11, 31 Queen Street, Melbourne, VIC, 3000.

Winners will be notified by no later than Monday, 5th September 2022 via phone and/or email.

By accepting the Major Prize, the winner agrees to participate in and co-operate as required with all reasonable media editorial requests relating to the prize, including but not limited to, being interviewed and photographed, filmed and/or chaperoned throughout the duration of the prize. This includes the use of the photos and information provided as part of their competition entry.

In consideration for the Promoter awarding the prize to the winner, the winner hereby permits the winner’s image and/or voice, as recorded, photographed or filmed during the winner’s participation in the prize to appear in connection with TheBeuatyDrop.com.au business being run by the Promoter and its affiliates or the advertising or marketing thereof, in any media whatsoever throughout the world and the winner will not be entitled to any fee for such use.

All prizes will be distributed during or after the close of the Competition Period. If a prize is not accepted or claimed within three months of the prize being awarded, the relevant winner’s entry will be deemed invalid and the Promoter will distribute any unclaimed prizes to the next best ranking entry or entries (as applicable), as determined by the judges or the Promoter in its absolute discretion.

Winners of unclaimed prizes will be notified in writing to the email address or phone number provided at the time of entry.

The Promoter assumes no responsibility for any failure to receive an entry or for inaccurate information or for any loss, damage or injury as a result of technical or telecommunications problems, including security breaches. If such problems arise, the Promoter may modify, cancel, terminate or suspend the Competition.

In the event that for any reason whatsoever a winner does not take an element of the prize at the time stipulated by the Promoter then that element of the prize will be forfeited by the winner and cash will not be awarded in lieu of that element of the prize. Unless stipulated otherwise, each element of the prize must be collected by the winner within 30 days of the date on which the participant is notified that they are a winner of such prize.

The prize cannot be sold, scalped, auctioned, raffled, pledged or promoted as an incentive or reward by anyone other than the Promoter.

Independent financial advice should be sought as tax implications may arise as a result of accepting the prize.

The prize will be awarded to the person named in the entry.

Should an entrant’s contact details change during the Competition Period, it is the entrant's responsibility to notify the Promoter. A request to access or modify any information provided in an entry should be directed to the Promoter.

The Promoter’s decision is final, and the Promoter will not enter into correspondence regarding the competition result.

Neither the Promoter nor its affiliates shall be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained in connection with any prize/s except for any liability which cannot be excluded by law. The Promoter and its affiliates are not responsible for any incorrect or inaccurate information, either caused by the phone user or for any of the equipment or programming associated with or utilised in this competition, or for any technical error, or any combination thereof that may occur in the course of the administration of this competition including any omission, interruption, deletion, defect, delay in operation or transmission, communications line or telephone, mobile or satellite network failure, theft or destruction or unauthorised access to or alteration of entries. By accepting the relevant prize, the participant is deemed to have accepted that any claim in respect of the foregoing shall only be a claim against the provider of the service constituting the prize.

The Promoter reserves the right in its sole discretion to disqualify any individual who the Promoter has reason to believe has breached any of these terms and conditions or engaged in any unlawful or other improper misconduct (including where calculated to jeopardise the fair and proper conduct of the competition). The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.

The Promoter and its associated agencies and companies assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of entries, and reserves the right to take any action that may be available.

If for any reason this competition is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness or integrity or proper conduct of this competition, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, take any action that may be available, and to cancel, terminate, modify or suspend the competition, subject to any direction given under State Regulation.

The collection and disclosure of personal information provided in connection with this competition will be handled in accordance with the Promoter's Privacy Notice which is subject to the Privacy Act 1988 (Cth) and Australian Privacy Principles (the Privacy Policy).

Notwithstanding any other terms and conditions, participants consent to the Promoter using the personal information provided in connection with this competition for the purposes of facilitating the conduct of the competition and awarding the prize, including to third parties involved in the competition and any relevant authorities. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter including third parties may, for an indefinite period, unless otherwise advised, use the personal information for promotional, marketing, publicity and research purposes, including sending electronic messages or telephoning the entrant. If participants no longer consent to their details being used for future marketing purposes, the entrant should contact the Promoter. Any request to update, modify or delete the entrant’s details should be directed to the Promoter.

The laws applicable in Queensland govern there terms and conditions. The parties (including the Promoter and each Eligible Participant) submit to the non-exclusive jurisdiction of the courts of Queensland and any courts competent to hear appeals from those courts.