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MY BEAUTY SPOT CARD TERMS AND CONDITIONS
This document contains terms and conditions governing your use of any My Beauty Spot Card issued by My Beauty Spot Pty Ltd. We recommend that you read this document carefully before using the My Beauty Spot Card. If you have any questions or would like more information about the My Beauty Spot Card, please call (03) 9462 9111 or visit the website: www.mybeautyspot.com.au/About/privacy.aspx

  1. These terms and conditions apply to the person who signed this application form ("Application") and any other person who uses a My Beauty Spot Card issued pursuant to this Application ("You") by My Beauty Spot Pty Ltd (ACN 066 818 059).
  2. By signing this Application and/or by using the My Beauty Spot Card, You acknowledge that You have read and understood these terms and conditions and You agree to be bound by these terms and conditions, as amended from time to time by My Beauty Spot. For the avoidance of doubt, neither a My Beauty Spot Store nor any My Beauty Spot Stores’ owners, managers, servants or agents is authorised by My Beauty Spot to amend any of these terms and conditions or do anything that is to be done, or reserved to be done, by My Beauty Spot whether under these terms and conditions or otherwise.
  3. My Beauty Spot is not required to accept this Application and may reject it at its absolute discretion.
  4. My Beauty Spot reserves the right to change any of the terms contained in these terms and conditions as well as any other terms of the My Beauty Spot Card Program without prior notice where the change is required by My Beauty Spot to satisfy its reasonable business needs. The new terms and conditions will immediately supersede any existing terms and conditions and bind You on and from the date that those new terms and conditions were made.
  5. My Beauty Spot will use its reasonable commercial endeavours to make a copy of these terms and conditions, as amended from time to time, available on the My Beauty Spot website at:www.mybeautyspot.com.au.
  6. My Beauty Spot may, at its absolute discretion and at any time:
  7. (a) cancel or suspend Your participation in the My Beauty Spot Card Program; and/or

    (b) withdraw the My Beauty Spot Card Program, and in either case.

  8. My Beauty Spot will not be liable for any loss or damage that may arise by reason of its conduct or the conduct of any My Beauty Spot Store, My Beauty Spot Stores’ owners, managers, servants or agents.
  9. In the event your My Beauty Spot Card is terminated, You will not be eligible to receive any vouchers or other rewards for points accrued in relation to My Beauty Spot.
  10. The My Beauty Spot Card is NOT a charge card or credit card and does not entitle You to any credit privileges.
  11. The My Beauty Spot Card cannot be used:
  12. (a) for the purchase of goods in-store or via phone, facsimile, email or online, which do not form part of the My Beauty Spot Card Program;

    (b) for bill payments including any in-store accounts; and

    (c) to purchase Gift Cards or other tender.

  13. The My Beauty Spot Card is and always remains the property of My Beauty Spot. Treat your My Beauty Spot Card like cash. Lost or stolen My Beauty Spot Cards will not be refunded. A re-issue of faulty or damaged My Beauty Spot Cards is not available unless the fault or damage to the My Beauty Spot Card is proven to be as a result of the production process or otherwise due to a fault of My Beauty Spot or its agents or contractors.
  14. You are responsible for the use and safety of your My Beauty Spot Card. You are liable for all transactions on your My Beauty Spot Card, except to the extent to which there has been fraud or negligence by My Beauty Spot. If your My Beauty Spot Card is lost, stolen, damaged or destroyed, then My Beauty Spot will not be liable for any loss arising as a result and You hereby indemnify My Beauty Spot in respect of same.
  15. Membership to the My Beauty Spot Card Program is free and You will not be charged for the first My Beauty Spot Card issued to You. However, My Beauty Spot reserves the right to impose a charge on You for any replacement My Beauty Spot Card issued to You.
  16. You have certain rights under the Australian Consumer Law, which cannot be excluded and are not affected by these terms and conditions. Except for those statutory rights, any conditions implied by any other laws are excluded from these terms and conditions. My Beauty Spot does not make any representation or give any condition or warranty other than as expressly set out in these terms and conditions. To the maximum extent permitted by law, neither My Beauty Spot nor its officers, employees, contractors, agents, advisers owners and managers will be liable to You (or any other person) for any loss or damage (whether direct, indirect or consequential) howsoever caused, nor will My Beauty Spot be in default under these terms and conditions, for failure to observe or perform any of its obligations under these terms and conditions for any reason. To the extent permitted by law, if My Beauty Spot is liable to You, My Beauty Spot’s maximum aggregate liability to You is limited to the resupply of Bonus Points that My Beauty Spot has verified are owing to You at the relevant time.
  17. My Beauty Spot aims to provide consumers with the best products and services. In pursuit of this aim, My Beauty Spot and/or its suppliers and vendors may communicate with You from time to time and provide You with information, offers and other materials.
  18. You hereby authorize My Beauty Spot and its suppliers and vendors to provide you with the information, offers and other materials referred to in paragraph 11 of these terms and conditions via such means as those parties may determine, including, but not limited to, e-mail, fax, phone call, SMS and other written, oral or electronic communication.
  19. Without in any way limiting its other rights under these terms and conditions, My Beauty Spot reserves the right to take any action it may deem appropriate if it believes that You have misused the My Beauty Spot Card or otherwise acted in any way that is an abuse of the My Beauty Spot Card or My Beauty Spot Card Program or is detrimental or potentially detrimental to the interests of My Beauty Spot.
  20. If any dispute in relation to these terms and conditions arises, You agree that the decision of My Beauty Spot will be final and binding. If You have reason to believe that an error has occurred in relation to your My Beauty Spot Card, You should contact My Beauty Spot immediately and without delay.
  21. My Beauty Spot respects Your privacy. Please ask for a copy of My Beauty Spot’s privacy statement, or view it on the My Beauty Spot website at: www.mybeautyspot.com.au.
  22. My Beauty Spot records various information contained in this Application, as well as other information about you and Your purchases ("Information") in My Beauty Spot’s database. This database is stored in back-up form and is available to any My Beauty Spot Store, My Beauty Spot’s IT department, My Beauty Spot’s management, staff, customer service personnel, telephone service staff and other persons and organizations that provide services to My Beauty Spot, including services in relation to the My Beauty Spot Card Program. You hereby consent to the Information and any data derived from that Information being made available to, and used by, the persons and organizations described above.
  23. EARNING POINTS

  24. One (1) My Beauty Spot Card Point is earned for every $1.00 spent.
  25. My Beauty Spot reserves the right to remove, expire or cancel points at any time at its absolute discretion.
  26. All purchases by You from a My Beauty Spot Store will automatically generate My Beauty Spot Card Points ("My Beauty Spot Points") with the exception of:
  27. a. an item that has been discounted;

    b. an item that it subject to a particular promotion;

    c. any other item that My Beauty Spot may specify from time to time;

    d. items that My Beauty Spot believe have been purchased in bulk (6 or more) of the same item; and

    e. an online purchase.

  28. Where You are entitled to My Beauty Spot Points by reason of paragraph 19 of these terms and conditions:
  29. (a) Those My Beauty Spot Points will be added to any My Beauty Spot Points previously generated by You that have not been redeemed, forfeited, lost or already expired; and

    (b) The number of My Beauty Spot Points will be no fewer than one (1) My Beauty Spot Points for each dollar You spend on the relevant purchase.

  30. In calculating My Beauty Spot Points, any credits, returns or dishonoured payments will be deducted from any purchases made by You.
  31. Where You are entitled to My Beauty Spot Points by reason of paragraph 19 of these terms and conditions, those My Beauty Spot Points will ONLY be added to Your accumulated My Beauty Spot Points if You produce the My Beauty Spot Card at the time You make the relevant purchase.
  32. My Beauty Spot Card point allocations and redemptions are only applicable for Normal Retail purchases – they cannot be earned or redeemed for Bulk purchases outside normal retail sale quantities (up to 6).
  33. POINT VOUCHERS

  34. My Beauty Spot will keep a record of My Beauty Spot Points generated by You and will, from time to time, issue My Beauty Spot Points Vouchers (" Point Vouchers") in denominations of 100 Points. The Point Vouchers will be sent to You by ordinary mail from time to time.
  35. My Beauty Spot Points can ONLY be redeemed to acquire “$5 OFF TO SPEND IN-STORE FOR EVERY 100 POINTS VOUCHER” when those My Beauty Spot Points have been converted into a Points Voucher, You have received that Point Voucher and You produce that Point Voucher or Point Vouchers when You seek to redeem those My Beauty Spot Points.
  36. If an item is valued less than $5 and a valid $5 voucher is used by You no change, credit, refund and/or compensation can be given for the difference.
  37. A Point Voucher must be redeemed within twelve (12) months from the date it was issued, failing which the Point Voucher will be deemed to have expired and will not be valid.
  38. Each Point Voucher will only be issued once and My Beauty Spot will not be liable for any loss or damage whatsoever resulting from, or in any way related to, the loss, forfeiture or expiry of a Point Voucher.
  39. A Point Voucher is NOT transferable and can only be redeemed to acquire a “$5 OFF TO SPEND IN-STORE FOR EVERY 100 POINTS VOUCHER” you may have accumulate by You or a member of Your immediate family.
  40. My Beauty Spot may, at its absolute discretion, remove any Point Vouchers from You at any time where My Beauty Spot believes that Point Voucher or Point Vouchers may have been accumulated in an unreasonable manner.
  41. A valid Pont Voucher or Point Voucher may be used ANYTIME as part of the “$5 OFF TO SPEND IN-STORE FOR EVERY 100 POINTS VOUCHER”.
  42. A valid “Point Voucher or Point Vouchers" is valid in-store ONLY.
  43. These terms and conditions are to be construed and enforced in accordance with the laws of Victoria, Australia. Any dispute in connection with a My Beauty Spot Card is exclusively subject to the jurisdiction of the courts of Victoria, Australia (including the Federal Court of Australia, Victoria Registry).
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