Clinique Smart Rewards Loyalty Program: Terms & Conditions of Participation
Last updated Sep, 2021
PLEASE READ THESE TERMS AND CONDITIONS OF PARTICIPATION IN THE CLINIQUE SMART REWARDS LOYALTY PROGRAM CAREFULLY. BY PARTICIPATING IN THIS PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. PLEASE NOTE THAT:
- WE MAY CANCEL, MODIFY, RESTRICT OR TERMINATE THESE TERMS AND/OR THE PROGRAM OR ANY ASPECT OF FEATURE OF THE PROGRAM. WE WILL USE REASONABLE ENDEAVOURS TO PROVIDE ADVANCE NOTICE TO YOU OF ANY MATERIAL CHANGES, HOWEVER YOU SHOULD REVIEW THE CLINIQUE WEBSITE AND THESE TERMS FREQUENTLY TO ENSURE YOU ARE AWARE OF THE CURRENT TERMS THAT APPLY TO THE PROGRAM;
- WE LIMIT OUR LIABILITY TO YOU UNDER THESE TERMS EXCEPT TO THE EXTENT THAT WE ARE NOT ABLE TO DO SO UNDER APPLICABLE LAWS, INCLUDING THE AUSTRALIAN CONSUMER LAW;
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT PARTICIPATE IN THIS PROGRAM.
1. Membership Eligibility and Overview
1.1. The Clinique Smart Rewards Loyalty Program (“Program”) is offered at the sole discretion of Estee Lauder Pty. Limited (ABN 63 008 444 719) with the registered office at 165-175 Mitchell Road, Erskineville, NSW 2043, Australia ("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.
1.2. Affiliates and other brands of The Estée Lauder Companies may also have similar loyalty programs. Membership in the Program does not confer any rights or benefits in the program of any other affiliate or brand of The Estée Lauder Companies.
2. Program Enrollment
2.1. Eligible individuals may only enrol in the Program by visiting www.clinique.com.au (collectively, the “Site”) and following the Program prompts to register for the Program.
2.2. You are required to provide your email address and name, and you must create a password in order to enrol in the Program and create an online account for the Program on the Site ("Program account"). Members will be sent a registration confirmation email following completion of their enrolment. You may also have the opportunity to provide us with your mailing address, birth date and mobile phone number, but this information is optional. You are solely responsible for maintaining the accuracy of your Program account information and for updating it as required. You may update your personal information on the Site.
2.3. Only one Program account may be associated with a single member and a single email address. In the event of a dispute over the identity of the member enrolled in the Program, the member will be deemed to be the authorized account holder of the email address submitted at the time of enrolment. 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
3.1. 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 at the Site. For your purchase to qualify for the Program, you must be enrolled in the Program and be signed into your Program account at the time of purchase. Once you reach a certain loyalty tier and/or earn a certain number of points, you may be eligible for certain benefits and rewards applicable to that tier and/or number of points, which benefits may change from time to time and may be offered on a limited basis. Eligible purchases and other opportunities to reach Program loyalty tiers or earn points will be posted on the Site or may be published through other media (e.g., in-store, in marketing communications, social media, etc.)
3.2. 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 enrol. There are 3 tiers with associated benefits:
- Tier 1, Smart 0 - 199 points
- Tier 2, Brilliant 200 - 399 points
- Tier 3, Genius 400+ points
When you join, you’ll automatically be placed in Tier 1, Smart and be eligible for all the benefits Tier 1 members receive. Once you earn at least 200 points in your first year, you’ll be automatically moved up to Tier 2, Brilliant. If you earn 400 points or more in your first year, you’ll qualify for Tier 3, Genius.
Your status in a particular tier is good for the remainder of the year in which you first qualify for that tier and for the following full year. After that, you’ll need to earn enough points to qualify for a particular tier each year. For example, if you qualify for Tier 2, Brilliant, in your first year, you’ll move from Tier 1, Smart to Tier 2, Brilliant for the remainder of your first year and will retain Tier 2, Brilliant status during your entire second year. But, if you earn less than 200 points on eligible purchases during your second year, you’ll drop back down to Tier 1, Smart status on your second anniversary date.
3.3. To earn points online, you must be enrolled in the Program and be signed into your Program account at the time of purchase. Currently, only purchases made on the Site are eligible for the Program. Purchases made in department stores, specialty stores, pureplay stores, airport stores and retail stores (even if owned by us) are not eligible for the Program at this time. If this changes, we will update these Terms. Purchases made outside of Australia are also not eligible for the Program.
3.3.1. Members receive 1 point for every AU$1 spent on qualifying purchases on the Site. Qualifying purchases include regular priced merchandise and services, and exclude sale or promotional items, gift cards, applicable taxes (including GST), fees, shipping and delivery charges or other excluded charges specified by us from time-to-time. All points are pending until your order ships, at which time they are fully vested and capable of redemption.
3.3.2. 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 Program account before completing the actions below. The number of points, if any, awarded for each action will be as determined by us in our sole but reasonable discretion and published on the Site or communicated through emails from time to time, and in all cases subject to a maximum number of points earned for each action per year.
- Subscribing to the program and Clinique Newsletter (one time only)
- To complete profile (one time only)
- Leave a review (To earn points, you must be logged into your Program account when you reviewed product on www.clinique.com.au)
- Bonus points events
3.3.3. Points are valid for one year from your Program “anniversary date.” This is the anniversary of the date you enrolled in the Program and occurs on a 12-month cycle. On your anniversary date each year, your points reset to zero and you start accumulating new points benefits and earning new rewards.
4. Product Rewards and Benefits
4.1. As a member of the Program, 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 redeemed 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 Program account. Qualifying members will receive email invitations when event rewards are available if they have consented to receiving such communication and have not chosen to opt-out of receiving Program emails.
4.1.1. Point Rewards:Point Rewards: At different point levels you will be able to redeem your points for 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. You may redeem one reward per transaction on the Site by logging into your Program account and selecting the reward from your Program account page. Specific rewards vary based on availability. You must redeem your available points/rewards prior to your anniversary date, or the available points and rewards will expire. On your anniversary date, your points reset to zero and you start accumulating new points and earning new rewards. Once you have redeemed your points for a reward, your points balance will be reduced by the applicable points value for that reward.
4.1.2. Tier Benefits:Tier Benefits: Certain benefits are based on 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. If you move down a tier, your benefits change accordingly. 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 of membership, and you are eligible for those tier benefits regardless of the number of points you have
4.2. 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 points. In the event an offer or reward arrives damaged, you received the wrong one, or one is missing from your order, please contact our customer service through live chat at the Site (available on Mon/Tues/Wed 9am-8pm AEST, Thurs/Fri 9am-10pm AEST, Sat/Sun 10am-10pm AEST), or via WhatsApp at +61480028627.
4.3. Neither accounts nor Program rewards, benefits and/or points may be shared or combined. Only the member paying for the products may accumulate rewards, benefits and/or points. Members will not receive rewards, benefits and/or points on purchases which are reimbursed by corporations or other organizations ineligible to participate in the Program. 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
4.4. 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. Points and tier status 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 as determined by us in our sole but reasonable discretion. The sale, barter, transfer, or assignment of any rewards, benefits or points offered through the Program, other than by us, is expressly prohibited.
4.5. Rewards cannot be exchanged or returned for points, another product or a monetary refund.
4.6. 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.
4.7. We are not responsible for rewards, benefits and/or points lost or redeemed due to fraudulent activity by you or any third party.
4.8. If you have concerns that a purchase or other activity was not properly applied to your Program account, please contact our customer service through live chat at the Site (available on Mon/Tues/Wed 9am-8pm AEST, Thurs/Fri 9am-10pm AEST, Sat/Sun 10am-10pm AEST), or via WhatsApp at +61480028627. When you contact our customer service team, please 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 the purchase or other Program activity took place. We are not responsible for late notifications after this time about purchases or other Program activities not being credited to your Program account.
4.9. Rewards can only be redeemed on the Site in conjunction with a product purchase, unless otherwise indicated by us.
5. Marketing Communications
6. Termination and Modification
6.1. The Program and its benefits are offered at our sole discretion. We reserve the right to:
6.1.1. 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;
6.1.2. 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;
6.1.3. except where prohibited by applicable law, in our discretion, cancel, modify, restrict or terminate these Terms 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 the Program or these Terms by posting to the Site. You should review the Site and these Terms frequently to understand the terms and conditions that apply to the Program. The date of the latest update to the Program and/ or these Terms 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 the Program and/ or these Terms, you may cancel your membership in accordance with section 6.3. Otherwise, continued participation in the Program following posting of updated or modified Terms constitutes your acceptance of those Terms as so updated and modified.
6.2. We reserve the right to audit your membership account at any time, in our sole discretion. Any suspected abuse of the Program, failure to follow these Terms, membership inactivity (i.e. no points earned or redeemed) for more than 24 months, illegal activity, fraud, misrepresentation or other conduct 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, in our sole discretion.
6.3. If you decide you no longer want to be a part of the Program, you may cancel your membership in the Program at any time by logging in to your Program account on the Site and clicking on "cancel membership" which is located at Account Profile to terminate your membership of the Program or contact customer service through live chat at the Site (available on Mon/Tues/Wed 9am-8pm AEST, Thurs/Fri 9am-10pm AEST, Sat/Sun 10am-10pm AEST), or via WhatsApp at +61480028627. If you cancel your membership, you will automatically lose all accumulated points, benefits and tier status and will no longer receive Program related emails.
7.1. 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.
7.2. 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.
7.3. 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, WE LIMIT OUR LIABILITY, AND THAT OF OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS OR LICENSORS, TO YOU FOR BREACH OF ANY NON-EXCLUDABLE STATUTORY OR IMPLIED CONDITION, WARRANTY, REPRESENTATION OR GUARANTEE TO:
7.3.1. 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
7.3.2. IF THE BREACH RELATES TO SERVICES, THE SUPPLY OF THE SERVICES AGAIN OR THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN.
7.4. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) PRE-CONTRACT 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 DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (f) ANY INACCURACIES OR OMISSIONS IN PROGRAM CONTENT; OR (g) EVENTS BEYOND OUR REASONABLE CONTROL. NOTHING IN THIS PROVISION SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR DEATH OR PERSONAL INJURY OR RESULTING FROM OUR NEGLIGENCE OR THAT OF OUR SERVANTS, AGENTS OR EMPLOYEES.
7.5. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY ECONOMIC LOSS, LOSS OF REVENUES, LOSS OF PROFITS, LOSS OF CONTRACTS, LOSS OF BUSINESS, LOSS OF ANTICIPATED SAVINGS, LOSS OF GOODWILL OR REPUTATION OR ANY SPECIAL OR INDIRECT LOSSES OF ANY KIND RELATED TO THE PROGRAM AND/OR YOUR PARTICIPATION THEREIN, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) PRE-CONTRACT OR OTHERWISE (OTHER THAN FRAUDULENT OR NEGLIGENT MISREPRESENTATIONS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED AUSTRALIAN DOLLARS (AU$100.00).
7.6. IF YOU ARE DISSATISFIED WITH THE PROGRAM FOR ANY REASON, TERMINATION OF YOUR MEMBERSHIP IN THE PROGRAM IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU EXCEPT AS EXPRESSLY REQUIRED BY APPLICABLE LAW.
8. Governing Law and Disputes
8.1. This Program and these Terms will be governed by and construed under the laws of the State of New South Wales, Australia and you submit to the non-exclusive jurisdiction of the courts of that State.
9. Privacy and Data Protection
9.1. By participating in the Program, we collect and use information about you, including your registration details, information about your purchases and other information that you supply for the purposes set out in these Terms. Your personal details will at all times be kept confidential and in accordance with direct marketing section above.
9.3. You can, at any time after you have consented to receiving the information set out in this clause, choose to opt-out of receiving any and all such information by: (i) clicking on the unsubscribe link within the marketing emails you receive from us, or (ii) contacting our customer services team through live chat at the Site (available on Mon/Tues/Wed 9am-8pm AEST, Thurs/Fri 9am-10pm AEST, Sat/Sun 10am-10pm AEST), or via WhatsApp at +61480028627.
10. Entire Agreement; Waiver and Survival
10.1. These Terms govern our relationship with you as it relates to the Program. You confirm that, in agreeing to accept the Terms, you have not relied on any representation except as expressly set forth in these Terms and you agree that you shall have no remedy in respect of any such representation not included in these Terms. Your statutory rights are not affected by these Terms. Nothing in these Terms shall limit or exclude our liability in respect of any misrepresentation whether or not a part of these Terms.
10.2. Each provision of the Terms shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in the circumstances.
10.3. No waiver by us will be construed as a waiver of any proceeding or succeeding breach of any provision in these Terms.
11. Contact Us
For information about the Program and your membership, contact our customer service team through live chat at the Site (available on Mon/Tues/Wed 9am-8pm AEST, Thurs/Fri 9am-10pm AEST, Sat/Sun 10am-10pm AEST), or via WhatsApp at +61480028627. We are not responsible for requests or correspondence lost or delayed in the mail or over the Internet.
If you need to contact us, our company details are:
Estee Lauder Pty. Limited (ABN 63 008 444 719)
165-175 Mitchell Road, Erskineville, NSW 2043,