Last updated April 8th, 2020

Estée Lauder Loyalty Program:
Terms and Conditions of Participation

PLEASE READ THESE TERMS AND CONDITIONS OF PARTICIPATION IN ESTEE LAUDER THE ESTEE E-LIST AUSTRALIA LOYALTY PROGRAM CAREFULLY. BY PARTICIPATING IN THIS PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT PARTICIPATE IN THIS PROGRAM.

  1. Membership Eligibility and Overview.
    1. The Estée E-List Australia Loyalty Program ("Program") is offered at the sole discretion of Estee Lauder Pty Ltd (ABN 63 008 444 719) of 165-175 Mitchell Road, Erskineville, NSW 2043 ("Estee Lauder," "we," "our" or "us"). The Program is available to individuals for their personal use only and is limited to one account per individual. Corporations, associations or other groups may not participate in the Program. Individuals who are legal residents of Australia and at least 18 years or older, and who provide and maintain a valid email address, are eligible to become members. No purchase is necessary to join the Program. The Program may not be used for any business or commercial purpose and we may refuse to create an account for any reason. Employees and individuals employed by our business partners or vendors are eligible for membership for personal use only, but may be excluded from certain benefits of the Program in our sole but reasonable discretion.
    2. Affiliates and other brands of Estee Lauder may also have similar loyalty programs. Membership of the Program does not confer any rights or benefits in the program of any other Estee Lauder affiliate or brand.
    3. By joining the Program and becoming a Program member, you (individually and collectively, "you," "your" or "Member"), agree that you have read, understood and agree to be bound by these Program Terms and Conditions of Participation ("Terms") and by any changes or modifications that we may make in accordance with section 6 of these Terms. By enrolling in the Program, you also agree to be bound by our website Privacy Policy and our website Terms and Conditions, which are incorporated herein by reference. You should review these Terms and the related policies and FAQs frequently to understand the terms and conditions that apply to the Program. These Terms do not alter in any way the terms or conditions of any other agreement you may have with us, including any agreement for products or services. If you do not agree to these Terms, our website Privacy Policy, and our website Terms and Conditions, you cannot participate in the Program. The Program is void where prohibited by law.
  2. Program Enrollment.
    1. Eligible individuals may enroll in the Program by visiting www.esteelauder.com.au (collectively, the “Site”) and following the Program prompts to register for the Program.
    2. You are required to provide your email address in order to enroll in the Program. You will also need to create an account by providing your full name, gender, date of birth, email address, mailing address, mobile phone number and creating a password in order to access certain Program benefits and rewards. You are solely responsible for maintaining the accuracy of your account information and for updating it as required. You may update your personal information on the Site.
    3. Only one Program account may be associated with a single email address. In the event of a dispute over ownership of the Program membership account, the member will be deemed to be the authorized account holder of the email address submitted at the time of enrollment. For purposes of these Terms, the “authorized account holder” is the natural person who is assigned to the submitted email address by an internet provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
  3. How the Program Works.
    1. The Program is a way in which we reward and thank our loyal customers for purchasing our products and for participating in certain brand experiences on the Site. You are able to earn points and reach Program loyalty tiers by making eligible purchases or taking certain other Program actions. Once you earn points and reach a certain loyalty tier, you may be eligible for certain benefits and rewards applicable to that tier, which benefits may change from time to time and may be offered on a limited basis. Eligible purchases and other opportunities to earn points and reach Program loyalty tiers will be posted on the Site or may be published through other media (e.g., in marketing communications, social media, etc.). Visit our FAQs to learn more about earning points and reaching the Program loyalty tiers.
    2. The Program is a tier-based program determined by the number of points a member has earned within a single year on eligible purchases and through qualifying activities, beginning on the date when you enroll. There are 3 tiers with associated benefits:
      Tier 1, Be Excited 0-249 points
      Tier 2, Be Enthusiastic 250-499 points
      Tier 3, Be Envied 500 + points

      When you join, you’ll automatically be placed in Tier 1, Be Excited and be eligible for all the benefits Tier 1 members receive. Once you earn at least 250 points in your first year, you’ll be automatically moved up to Tier 2, Be Enthusiastic. If you earn 500 points or more in your first year, you’ll qualify for Tier 3, Be Envied.

      Your status in a particular tier is good for the remainder of the year in which you qualify for that tier and the following full year. After that, you’ll need to earn enough points to qualify for that tier each year. For example, if you qualify for Tier 2, Be Enthusiastic, during your first year, you’ll maintain Be Enthusiastic status during your second year. But, if you earn less than 250 points on eligible purchases during your second year, you’ll drop back down to Tier 1, Be Excited status on your second anniversary date.

    3. For your purchase to qualify for the Program, you must be enrolled in the Program within thirty (30) days of the date of purchase and be signed into your online account at the time of purchase. However, if your membership in the Program is terminated for any reason and you enroll in a new Program account, any purchases made prior to the date you enroll in a new Program account do not qualify for points.
      Only purchases on the Site are eligible for the Program. Purchases made in department stores, specialty stores, airport stores and retail stores (even if owned by us) are not eligible for the Program at this time. Purchases made outside Australia are also not eligible for the Program.
      1. Members receive 1 point for every $1 spent on eligible purchases at the Site. Eligible purchases include regular priced merchandise and exclude facial services/ packages, eGift Cards, redemption items, checkout and deluxe samples, gift with purchase, applicable taxes (including GST), fees, discounts, shipping and delivery charges, and/or other excluded charges specified by us from time-to-time. All points earned from purchases on the Site are pending until 7 days after your order ships, at which point they are fully matured and capable of redemption.
      2. In addition to these purchases, you may also earn points for the following actions on the Site. To earn points, please check to make sure you are a Program member and you have logged into your account before completing the actions below.
        • Earn 10 points when completing the profile (one time only).
        • Earn 15 points for writing product reviews about products that you purchase that get published (to earn points, you must be logged in to your Program account when you purchase the reviewed product at the Site) (for a maximum of 4 published reviews a year).
        • Earn bonus points for purchases made on the Site during exclusive Double Points events.
    4. Points are valid for one (1) year from your Program “anniversary date.” This is the anniversary of the date you enrolled in the Program and occurs on a twelve (12)-month cycle. On your anniversary date each year, your points reset to zero (0) and you start accumulating new points’ benefits and unlocking new rewards, for the following twelve (12) month period.
  4. Program Benefits and Rewards
    1. As a member, you earn points that determine your points benefits plus tier levels and tier benefits. To redeem offers and rewards, you must have accumulated the minimum number of points as established by us for a particular benefit. Product rewards and samples are shipped with product purchases on the Site only. Points may never be exchanged for cash. You must be logged in to your Program account to use your benefits. You will find your eligible offers and rewards (with offer codes if applicable) listed in your personal account. Qualifying members will receive email invitations when event rewards are available if they have not opted-out of receiving Program-related communications.
      1. Points Benefits: At different point levels you will unlock rewards that can be used in conjunction with a purchase on the Site. These rewards are based on the number of points you have accumulated in a single year as listed below and are valid for one time redemption per year. You must redeem your unlocked rewards prior to your anniversary date, or the available rewards will expire. On your anniversary date, your points reset to zero (0) and you start accumulating new points and unlocking new rewards for the following twelve (12) months. You may only redeem one points benefit reward per order. Points benefits cannot be combined with other Site-wide promotional offers (e.g., other discounts, free sample offers, free product offers, etc.).
        • $15 discount with purchase* (valid at 250 points and above, once a year).
        • Free standard shipping with purchase (valid at 300 points and above, once a year).
        • Free Full-Size Product with purchase (valid at 400 points and above, once a year and only applicable to one of the eligible products listed on the Program).
        • $25 discount with purchase* (valid at 500 points and above, once a year).
        • Free express shipping with purchase (valid at 550 points and above, once a year).
        • Free Full-Size Product with purchase (valid at 650 points and above, once a year and only applicable to one of the eligible products listed on the Program).
        *Not valid for facial services or packages, purchase of Gift Cards, eGift Cards, redemption items, checkout and deluxe samples, gift with purchase, applicable taxes (including GST), discounts, shipping and delivery charges, and/or other excluded charges and/or products as specified by us from time to time, including, but not limited to, certain discounted products and reduced price promotional sets.
      2. Tier Benefits: : Certain benefits are based on the tier level achieved and you are eligible for these benefits while you are in that tier regardless of the number of points you currently have. Tier benefits can only be redeemed on the Site, with the exception of exclusive in-store member events and VIP events or as otherwise noted. On your anniversary date, even though your points reset to zero, your initial tier status for the year is determined by the number of points earned in the prior year.
        • Tier 1, Be Excited: 0-249 points
          • Birthday Gift: 2 deluxe samples with any purchase (valid once per year).
          • Welcome/Anniversary Gift: 2 deluxe samples with a purchase (valid once per year).
          • Free returns and exchanges on all Foundations and Concealers with our Perfect Match Guarantee
          • 2 free deluxe samples with any $100 purchase
          • Early Access to Events and Products.
        • Tier 2, Be Enthusiastic: 250-499 points
          • All Tier 1 Benefits.
          • Double Points events
          • Exclusive invite-only online events
          • Exclusive invite-only in-store events
          • At 250 Points: $15 discount
          • At 300 Points: Free standard shipping with any purchase
          • At 400 Points: Choose one of six free full-size product
        • Tier 3, Be Envied: 500 points and above
          • All Tier 1 and Tier 2 benefits.
          • VIP invite-only online events
          • VIP invite-only in-store events
          • At 500 Points: $25 discount
          • At 550 Points: Free express shipping
          • At 650 Points: Choose one of six free full-size product
        *During the month of your birthday, you can redeem your Birthday Gift on the Site with a purchase and by providing your offer code, which will be visible within your account profile if you have provided your birth date. You must be logged into your Program account to redeem your Birthday Gift. There is a limit of one Birthday Gift per member per year, and Birthday Gifts cannot be transferred, delayed, exchanged or returned. Birthday Gifts cannot be combined with any Program discount offers or product rewards or with other Site-wide promotional offers (e.g., other discounts, free sample offers, free product offers, etc.).
    2. Offers and rewards are available while supplies last and substitutions made by us in our sole discretion may occur. If your online order is not completed for any reason, any offers or rewards will be removed from your shopping basket and may no longer be available. You are not required to redeem your accumulated rewards and/or benefits. In the event an offer or reward arrives damaged, you received the wrong one, or one is missing from your order, please contact Customer Service.
    3. Neither accounts nor Program rewards, benefits and/or points may be transferred, shared or combined. Only the member paying for the product(s) may accumulate rewards, benefits and/or points. We reserve the right to monitor the number of accounts per household and refuse, merge or close additional or duplicate accounts at any time. Your account information (including security details) are confidential and should not be shared with any other person.
    4. Rewards, benefits and points earned through the Program have no cash value, are non-transferable, and you have no property rights in or to rewards or other Program benefits. Purchase balances and/or points credited to your Program account will be decreased or reversed, as applicable, if part or all of a purchase is returned or cancelled, or if the credit is obtained through fraudulent or other activity that violates these Terms. The sale, barter, transfer, or assignment of any rewards or benefits offered through the Program, other than by us, is expressly prohibited.
    5. Rewards cannot be exchanged or returned for points, another product or service, or a monetary refund.
    6. The products and services available through the Program and any samples that we may provide to you are for personal use only. You may not sell or resell any of the products, services, or samples you purchase or otherwise receive from us. We reserve the right, without notice, to cancel or reduce the quantity of any order to be filled and/or any products or services to be provided to you that we believe, in our sole but reasonable discretion, may result in the violation of our Terms.
    7. We are not responsible for rewards, benefits and/or points lost or redeemed due to fraudulent activity by you or any third party.
    8. We reserve the right in accordance with section 6 below to:
      • change Program benefits, how you earn points and reach each Program tier, and how we evaluate and reward your eligible purchases and/or other Program activity;
      • place limits on the number of purchases or activities that are eligible for the Program and/or for any given tier, the number or types of rewards or benefits you may receive or earn in any given tier, in a given time period or for the duration of the Program, and/or any combination thereof.
    9. If you have concerns that a purchase or other activity was not properly applied to your account, you should contact Customer Service. Your email must specify your name and email address associated with the Program, the date of the Program activity, and the issue(s) you encountered. This email must be sent no more than forty-five (45) days after the date of purchase or other Program activity which took place. We are not responsible for late notifications after this time about purchases or other Program activities not being credited to an account.
    10.   Rewards can only be redeemed on the Site and only with a product purchase, unless otherwise noted by Estee Lauder.
  5. Program Communications.
    1. By enrolling in the Program, you will be automatically subscribed to receive, and you consent to receive, Estee Lauder marketing emails, including Program-related communications.
    2. You may opt-out of receiving marketing emails or Program-related emails at any time by following the instructions provided in the email and as otherwise provided in the Estee Lauder Privacy Policy. If you opt-out of Program-related emails, you will no longer receive emails regarding your Program status or the Program rewards or benefits that may be available to you.
  6. Termination and Modification.
    1. We may cancel, modify, restrict or terminate these Terms, our FAQs and/or the Program, or any aspect or feature of the Program from time to time. We will use reasonable endeavours to provide advance notice to you of any material changes to or cancellation, modification or restriction of these Terms, our FAQs and/or the Program in writing or by posting it on the Site or our other channels. You should review these Terms and the FAQs frequently to understand the terms and conditions that apply to the Program. The date of the latest update to these Terms and the FAQs will be stated clearly on the Site and the changes made by that update will only apply from the specified date. If you disagree with any changes to these Terms, our FAQs and/or the Program, you may cancel your membership in accordance with section 6.3.
    2. To keep your account active you must log in to your Program account and make a purchase within 24 months. Any suspected abuse of the Program, failure to follow any Terms, membership inactivity for more than 24 months, illegal activity, fraud, misrepresentation or other conduct which we consider (acting reasonably) to be inconsistent with these Terms and/or detrimental to us or our interests, including without limitation, any suspected illegal, fraudulent other unauthorized use of any Program rewards, points, cards, credits, vouchers, coupons and/or certificates, may result in the revocation of your membership and make you ineligible for further participation in the Program. If your membership is revoked, any rewards or benefits in your account will automatically expire and your access to the Program and features will automatically terminate. If we suspect illegal activity, fraud, misrepresentation, abuse or violation of these Terms, we may also have the right to take appropriate legal action.
    3. If you decide you no longer want to be a part of the Program, you may cancel your membership at any time by opting-out of the Program in your account on the Site; by filling out the customer care form at Customer Service, or by phone at 1800 613 783. If you cancel your membership, you will lose all accumulated points, benefits and tier status.
  7. Liability.
    1. AS A CONSUMER, YOU HAVE CERTAIN RIGHTS UNDER CONSUMER PROTECTION LEGISLATION, INCLUDING THE AUSTRALIAN CONSUMER LAW (“CONSUMER RIGHTS”). YOUR CONSUMER RIGHTS INCLUDE STATUTORY GUARANTEES THAT ANY PRODUCTS SUPPLIED TO YOU WILL BE OF ACCEPTABLE QUALITY, MATCH THEIR DESCRIPTION AND BE FIT FOR ANY PURPOSE MADE KNOWN TO THE SUPPLIER, AND THAT ANY SERVICES SUPPLIED WILL BE CARRIED OUT WITH REASONABLE CARE AND SKILL. WHEN A STATUTORY GUARANTEE IS BREACHED, CONSUMERS ARE ENTITLED TO A RANGE OF REMEDIES INCLUDING, IN SOME CASES, DAMAGES FOR REASONABLY FORESEEABLE LOSS.
    2. EXCEPT FOR THOSE WARRANTIES, REPRESENTATIONS OR GUARANTEES REFERRED TO IN THE AUSTRALIAN CONSUMER LAW, OR ANY OTHER RIGHTS OR REMEDIES THAT MAY NOT BE LEGALLY EXCLUDED, WE EXCLUDE ALL CONDITIONS, WARRANTIES, GUARANTEES, RIGHTS, REMEDIES, LIABILITIES OR OTHER TERMS (WHETHER EXPRESS, IMPLIED OR STATUTORY) AS TO THE CONDITION, SUITABILITY, QUALITY OR FITNESS OF ANY GOODS OR SERVICES SUPPLIED UNDER OR PURSUANT TO THE PROGRAM.
    3. IF ANY GOODS OR SERVICES SUPPLIED BY US TO YOU ARE NOT OF A KIND ORDINARILY ACQUIRED FOR PERSONAL, DOMESTIC OR HOUSEHOLD USE OR CONSUMPTION, ESTEE LAUDER LIMITS ITS LIABILITY, AND THAT OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS OR LICENSORS, TO YOU FOR BREACH OF ANY NON-EXCLUDABLE STATUTORY OR IMPLIED CONDITION, WARRANTY, REPRESENTATION OR GUARANTEE TO:
      • IF THE BREACH RELATES TO GOODS:
        • THE REPLACEMENT OR REPAIR OF THE GOODS, OR THE SUPPLY OF EQUIVALENT GOODS; OR
        • THE PAYMENT OF THE COSTS OF REPLACING OR REPAIRING THE GOODS, OR ACQUIRING EQUIVALENT GOODS; OR
      • IF THE BREACH RELATES TO SERVICES, THE SUPPLY OF THE SERVICES AGAIN OR THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN.
    4. YOU AGREE THAT NEITHER ESTEE LAUDER NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE PROGRAM; (c) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF THIRD PARTY LINKS ON THE SITE OR USE OF ANY REWARD OR BENEFIT OF THE PROGRAM; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING USING HYPERLINKS TO OR FROM THIRD PARTY WEBSITES; OR (f) ANY INACCURACIES OR OMISSIONS IN PROGRAM CONTENT; EXCEPT TO THE EXTENT CAUSED BY A BREACH BY ESTEE LAUDER, OR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS OR LICENSORS, OF YOUR CONSUMER RIGHTS OR THE NEGLIGENT ACT OR OMISSION OF ESTEE LAUDER, OR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS OR LICENSORS.
    5. NEITHER ESTEE LAUDER NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS OR LOSS OF GOODWILL OR REPUTATION RELATED TO THE PROGRAM AND/OR YOUR PARTICIPATION THEREIN, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EXCEPT TO THE EXTENT CAUSED BY A BREACH BY ESTEE LAUDER, OR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS OR LICENSORS, OF YOUR CONSUMER RIGHTS OR THE NEGLIGENT ACT OR OMISSION OF ESTEE LAUDER, OR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS OR LICENSORS. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).
    6. NEITHER ESTEE LAUDER NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY EVENTS BEYOND OUR REASONABLE CONTROL.
  8. Indemnification.

    You agree to defend, indemnify and hold us, our parents, subsidiaries, affiliates, partners, licensors, officers, directors, employees, and agents harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your breach of the Program or these Terms or your violation of any law, rule or regulation, except to the extent caused by our negligent act or omission.

  9. Governing Law and Disputes.
    1. This Program and these Terms will be governed by and construed under the laws of the State of New South Wales and you submit to the non-exclusive jurisdiction of the courts of that State.
  10. Privacy.

    The personal information collected from you in connection with the Program, including but not limited to purchases made in connection with your Program membership, will be used and disclosed to administer your participation in the Program and otherwise in accordance with the Estee Lauder Privacy Policy.

  11. Contact Us

    For information about the Program and your membership, contact 1800 613 783 from within Australia or via filling out the customer care form at Customer Service. We are not responsible for requests or correspondence lost or delayed in the mail or over the Internet. You may also provide answers to helpful frequently answered questions in our FAQs.

  12. Severability.

    If part or all of any clause of these Terms is unenforceable, it will be severed, and the remainder of these Terms will remain in full force and effect.

 

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