EFFECTIVE 9 NOVEMBER 2023We encourage you to read the terms in full by clicking on each of the below headings.
Welcome to MECCA, where you can find the best of the best in global beauty.
- ModificationWe may modify any part of these Terms, or content of the Sites, at any time, upon notice or as required by law. If we elect to modify these Terms, we will post a new version on the Sites and update the date set out above. Any changes are effective immediately upon posting to, or removal from, the Sites. Your continued use of the Sites thereafter constitutes your acceptance of any changes to the Sites or Terms. If you do not agree to any change, then you must immediately stop using the Sites.You should read and carefully consider these Terms before using the Sites, or otherwise placing an order online, and check back regularly for any changes. Any changes made after you have placed an order will not affect that order, unless we are required to make the change by law.We do not promise to continue to offer or maintain the Sites. We may, at any time and without prior notice to you, but acting reasonably at all times, withdraw the Sites from use.The terms that will apply to your use of our Sites are the Website Terms and Conditions that apply at the time you used the Sites.
- PricesUnless stated otherwise, prices are inclusive of GST and other taxes of a similar nature, but do not include any applicable shipping or delivery fees. Prices are displayed in:
- Australian Dollars (AUD) if you are located in Australia; and
- New Zealand Dollars (NZD) if you are located in New Zealand.
- Intellectual property rightsIn these Terms:
- Content means any materials or content that contribute to the existence and the ‘look and feel’ of the Sites, including information, graphics, headers, icons, images, logos, names, sounds, music, video, audio, text, software, HTML and code; and
- Intellectual Property Rights includes patents, rights to inventions, copyright, trade marks, trade names and domain names, rights in goodwill, rights in confidential information and any other intellectual property rights, whether registered or unregistered and including all applications for, and renewals or extensions of, such rights and all similar rights which subsist now or in future anywhere in the world.
- AccessYou may use the Sites (and any goods or services purchased on or via the Sites) for your own lawful, personal and non-commercial purposes only in accordance with these Terms. You must not:
- modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within, on or via the Sites;
- use the Sites (and any goods or services purchased on or via the Sites), or any of its Content, to further any commercial purpose, including, without limitation, any commercial activity, sales or offering for sale, advertising or advertising revenue generation activity on your own website, auction sites, group buying sites social media sites or otherwise;
- publish, distribute, transmit, sell, license or download the whole or any part of the Sites or Content (except caching or as necessary to view the Sites);
- use of the Sites or Content other than for personal use;
- modify, reverse engineer or create any derivative works based upon the Sites or Content;
- collect account information for the benefit of yourself or another party;
- use any meta tags or any other “hidden text” utilising any Content; or
- use software robots, spiders, crawlers, or similar data gathering and extraction tools, or taking any other action that may impose an unreasonable burden or load on our infrastructure.
- ContentWe attempt to provide accurate information on the Sites. However, the information contained on the Sites is of a general nature only and does not constitute or replace professional advice for individual or specific conditions and, to the extent permitted by applicable law:
- we do not warrant that information contained on the Sites or in the Content, including any product or service descriptions, colours, ingredients is accurate, complete, reliable, current, or error-free;MECCA takes no responsibility for any loss, damage, injury or death arising from any use of the information contained on the Sites or in the Content; andthe Sites are presented ‘as is’ and we make no representations or warranties of any kind whatsoever, express or implied, in connection with these Terms or the Sites, including warranties of merchantability or fitness for a particular purpose.
- in the case of services, to: (a) re-supplying those services; or (b) paying the cost of having the services re-supplied; and
- in the case of goods, to: (a) replacing the goods or supplying equivalent goods; (b) repairing the goods; (c) paying the cost of replacing the goods or of acquiring equivalent goods; or (d) paying the cost of having the goods repaired.
- LiabilityTo the fullest extent permitted by applicable law, neither MECCA nor you will be liable for any indirect, special, punitive, incidental, or consequential damages of any kind or loss of profits, loss of revenue, loss of data, loss of goodwill, arising out of or related to the Sites or its Content, or use (or non-use) thereof, regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if the party had been advised of the possibility of such damages.
- Use of informationIf you upload or otherwise provide any information or content (User Content) in the course of accessing or using the Sites or our social media pages, you:
- agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise and use the User Content (and all Intellectual Property Rights contained therein), including in all media now known or not currently known;
- in respect of any moral rights in the User Content, consent to MECCA:
- not attributing you as the author of any copyright works or subject matter;
- falsely attributing authorship of any copyright works or subject matter; and
- subjecting the copyright works or subject matter to treatment that would, without the author’s consent, infringe author’s copyright; and
- agree that such User Content will be available to us to use in any manner, subject to applicable laws, including privacy laws.
- is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, inappropriate, harmful, hateful, abusive, tortious, obscene, invasive of another’s privacy, sexist, racist, violent, degrading;
- infringes the intellectual or other proprietary interests of third parties;
- contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Sites or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user’s use or enjoyment of the Sites or otherwise breaches or encourages other users to breach these Terms;
- violates any law, statute or regulation;
- forges information to disguise the origin of any User Content; or
- encourages or incites any other person to engage in any of the above behaviour.
- Third party sitesWe may include hyperlinks on the Sites to other websites, platforms or resources operated by third parties (Third Party Sites). MECCA is not responsible for the content or accuracy of any Third Party Sites linked to or from the Sites, nor are we responsible for the availability of Third Party Sites, and we do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of any Third Party Sites, including any offerings, advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.You should make your own reasonable enquires regarding the content of Third Party Sites. Your linking to or from the Third Party Sites is at your own risk. You should carefully review these terms and conditions and privacy policies of all Third Party Sites that you visit. Reference to any product, service or other information by trade mark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by MECCA.
- TerminationWe may at any time and without obligation to give notice to you:
- temporarily suspend or disable the Sites; and
- permanently cease operating the Sites.
- RelationshipNo agency, partnership, joint venture, employment or franchisor-franchisee relationship is intended or created between you and us by these Terms.
- Force MajeureNeither party will be responsible for any delay, suspension or failure arising out of any circumstances outside of its reasonable control, including acts of God, governmental actions, including any government imposed shutdown or closure, a change in applicable law, riots, vandalism, strikes, lockouts or other labour difficulty, war or national emergency, pandemic, epidemic, quarantine or other widespread or serious threat to human health (including an outbreak or recurrence), acts of terrorism, fire, explosion, flood or other natural disaster, inability to obtain any necessary materials, equipment, facilities or services, internet interruption or virus, accidents or breakdown of plant, machinery, software, hardware or communication network and failure or shortage of power supplies or other essential utility.
- Applicable lawThese Terms are governed by the laws of Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts exercising jurisdiction in Victoria, Australia.
- No waiverAny failure to enforce any of our rights does not constitute a waiver of those rights.
- SeverabilityAny part of these Terms that is illegal, void or unenforceable may be severed, and the remainder will continue in force.
