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Terms & Privacy

TERMS OF USE

This Web Site is owned and operated by The Heat Group Pty Ltd (ABN 58 092 941 430).

 

APPLICATION & ACCEPTANCE

Any use of this Web Site is subject to and governed by these Terms and Conditions.

By accessing and using this Web Site, you acknowledge your acceptance of these Terms and Conditions and our Privacy Policy. The Privacy Policy sets out the information which The Heat Group will gather about you through your use of the Site and the way in which we will use it. You must read the terms of our Privacy Policy before using the Site.

We may display Additional Rules on this Web Site. To the extent that any Additional Rules apply to your use of this Web Site, you will be bound by and must comply with those rules.

We reserve the right to amend these Terms and Conditions without notice at any time.

You use this Web Site and any material displayed on it at your own risk.

By accessing, browsing or using the Site, you agree to these terms and conditions as amended from time to time and acknowledge and agree that you have read and understood this document. By downloading any material on the Site you expressly agree to be bound by this document

If you do not accept the terms and conditions contained in this document and the Privacy Policy, then you must not use the Site.

 

INFORMATION

All information you provide to us must be true, accurate and complete.

We will endeavour to ensure that the information we include on this Web Site is accurate, but we do not guarantee, represent or warrant the accuracy or completeness of that information. The articles, comments and other information displayed on this Web Site are provided for your interest only and are not intended to and do not represent any advice or recommendation by us.

 

Access to Web Site

We do not warrant or represent that you will be able to access the Web Site at all times, or that your access to the Web Site will be free from interruptions or defects. 

We are not responsible for any failure in or disruption to any links to other sites from the Web Site.

 

DISCLAIMER

We will not be liable for any Loss suffered or incurred by you or any other person as a result of the use of or access to this Web Site, or any errors or defects contained in or associated with this Web Site or its operation.

We do not give any express warranties in relation to:

  1. the accuracy or completeness of any information displayed on or accessible from the Site; or
  2. the quality, standard, merchantability or availability of the goods and services advertised on or accessible from this Web Site.

To the extent permitted by law, we exclude all implied warranties and conditions. In respect of any warranties or conditions that cannot be excluded, our liability will be limited, at our election:

  1. to goods supplied by us, to:
  2. to the replacement of the goods or supply of similar goods;
  3. to the repair of the goods;
  4. to the payment of the cost of replacing the goods or having those goods repaired; 
  5. to and for services supplied by us, to: 
  6. the resupply of the services; or 
  7. to the payment of the cost of resupplying the services

 

ORDERS AND DELIVERIES

We will endeavour to process any orders for products or services via the Web Site as soon as practicable.

 

BANK FEES

Where you are using a credit/debit card to pay for your online purchase, The Heat Group Pty. Ltd (parent organisation) disclaims any responsibility for any excess transaction fees on your credit/debit cards from pre-authorization, billing transaction and other transactions. You should contact your financial institution and ascertain if there are any charges in respect to using your credit/debit card online.

 

LIABILITY & OBLIGATIONS

Nothing in this site, including these General Terms and Conditions, is to be construed as an offer to enter into a contract with The Heat Group Pty. Ltd. in relation to the provision of any goods and/or services. This Website and the goods and services displayed within it are an invitation to treat only. Publishing information about a product on this site does not ensure its availability. All products advertised are subject to availability. All price information is subject to change without notice. The Heat Group Pty. Ltd. is not liable to you or to any other party if incorrect information appears on this site or if that information is not up to date.

Any time frames stated on the Web Site for delivery of any goods, services or information are estimates only and we do not guarantee or promise delivery within the stated time frames.

 

CONTACTING US

We will do our best to respond to written and telephone-based communications, however we are under no obligation to do so.

 

GENERAL

These terms and conditions are governed by the laws of Victoria, Australia and you hereby irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of that state.

 

IN THIS WEB SITE

  • Additional Rules means any additional rules or guidelines that we determine to apply to particular events or aspects of this Web Site, such as competitions or special promotions; Loss means any loss, damage, cost, claim or expense;
  • Terms and Conditions means these terms and conditions of use (as varied by us from time to time) and includes any Additional Rules;
  • We and us means The Heat Group Pty Ltd (ABN 58 092 941 430) of 11 Dalmore Drive, Scoresby, VIC, 3179 Australia;
  • Web Site means the whole or any part of this web site located at www.heatgroup.com.au

 

AMENDMENTS

The Heat Group may amend this document, including the Privacy Policy, at any time. If we amend this document, including the Privacy Policy, we will inform you of the amendments by posting the amendments on the Site and/or by sending you an e-mail message. Your continued use of the Site after this time constitutes an agreement by you to abide by and be bound by this document, including the Privacy Policy, as so amended. This document may not be otherwise amended.

 

GENERAL COMPLIANCE WITH LAWS

You agree that you will only use the Site for lawful purposes.

You must comply with all laws, statutes, ordinances and regulations which apply to you in relation to your use of the Site.

 

RESTRICTIONS ON USE

When accessing or using the Site you must not:

  • Use any device, software or routine to interfere or attempt to interfere with or disrupt the proper working of the Site, servers or networks connected to the Site, any information or material on the Site or any activity conducted via the Site;
  • Take any action which imposes an unreasonable or disproportionately large load on the Site's infrastructure; attempt to gain unauthorised access to the Site or computer systems or networks connected to the Site through any means; or
  • Access or attempt to access personal data about other users, including e-mail addresses.

 

YOUR PERSONAL INFORMATION

While using the Site you may be given the opportunity to send e-mails to The Heat Group or enter or provide information or material ('Content'). Any and all Content provided by you in connection with your use of the Site must be true and accurate. You must not misrepresent your identity or affiliation with any person or entity. You acknowledge that The Heat Group may monitor the Site and take any action with respect to your Content as deemed reasonably necessary by The Heat Group.

 

You agree that you will not provide personal information about another person to The Heat Group unless:

  • that other person is made aware of your provision of their personal information to The Heat Group; and
  • that other person authorises you to provide their personal information to The Heat Group.

 

ACKNOWLEDGMENT OF RISK

The world wide web exists across open public networks that may not be secure or private. You acknowledge and accept the risk that any communication to or from the Site may be intercepted, used or modified by third parties.

 

INTELLECTUAL PROPERTY

All intellectual property in the Site, including its text, images, graphics, trade marks (whether registered or not), advertisements, arrangement and software on the Site (including where included in advertisements) is owned by The Heat Group unless indicated otherwise.

You must not use, copy, alter or distribute any of that material other than for your personal use of this Web Site in accordance with these Terms and Conditions.

For your convenience, we may provide links to other web sites from this Web Site. We do not endorse and will not be responsible for any information, content or services provided or advertised on those linked sites.

We own the "MUD Makeup Design" trade mark. You must not use, display or copy that trade mark without our consent.

We may use and display on the Web Site any comments you submit to us and any stories submitted via any of the Web Site, but we will not be obliged to do so.

The content of the Site may be viewed online by you and may be reproduced in hard copy only for your own personal, non-commercial and non-public use. You must not modify, copy, reproduce, republish, frame, distribute or otherwise communicate any text, images or software other than as expressly provided in these terms and conditions or by the Copyright Act 1968 (Commonwealth).

 

GENERAL

The provisions of this document are severable and if any provision of this document is held to be illegal, invalid or unenforceable, that provision or part is to be treated as removed from this document, but the rest of this document is not affected.

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

The Heat Group’s failure to act with respect to a breach of this document by you or by others does not waive its right to act with respect to subsequent or similar breaches.

This document may not be construed adversely to The Heat Group solely because The Heat Group prepared it.

This document, including the Privacy Policy, comprises the entire agreement between The Heat Group and you (unless agreed to otherwise). To the extent of any inconsistency between this document and the Privacy Policy, this document takes precedence, unless otherwise agreed.

 

PRIVACY POLICY

MUD Makeup Design is an owned brand of The Heat Group Pty Ltd, Australian Business number ABN 58 092 941 430. We respect your privacy and value our relationship with our customers. Your visit to this website is subject to this privacy policy and our terms and conditions.

The privacy policy outlines what information is collected when you visit the MUD website (currently located at www.mudmakeupdesign.com.au (“site”)), how we may use this information and whom that information is shared with.

Our privacy policy also describes the measures we take to protect the security of this information as well as how you can access, modify or delete your personal information. It also explains how you can object to the processing of your personal information or to receiving communications about our products and services.

Please note that this privacy policy governs only information provided to heat online. It does not govern any other information or communications that may involve heat. If you visit one of our other brand websites, such as essence.eu, or link to another website from this site, you are subject to the privacy policy applicable for that website, and we suggest that you consult the respective privacy policy.

 

INFORMATION WE COLLECT AND HOW WE USE IT

You may choose to provide us with personal information when you visit our site. For example, if you decide to complete an online survey, complete a user registration form, or make a purchase, you may be asked to provide certain information such as your contact information (name, email address, mailing address and telephone number), age group, gender and product and/or cosmetic concerns, and the brands and products you use. If you decide to place an order, we will also need to know your delivery and billing address, credit card number and expiration date. To protect your personal information, users registering at the site must also enter a user name/email address and password. 

If you would prefer that we not collect any personal information from you, please do not provide us with any such information. If you do not provide us with personal information we will not be able to provide you with certain information regarding our products and services or customize your experience on our site.

 

USE OF PERSONAL INFORMATION BY THE HEAT GROUP

MARKETING EMAILS

If you so elect, the information you provide may be used by The Heat Group to create and deliver to you emails such as our newsletters, surveys or other email messages containing product and event information, cosmetics tips or promotions (“emails”). If you do elect to receive them and later decide that you would no longer like to receive these emails, simply unsubscribe via the link at the bottom of every email. You may receive the benefit of hearing from MUD makeup Design via email even if you have not elected to receive emails. Again, you can opt out at any time.

 

COMMUNICATIONS TO SERVE YOU

If you have elected to provide us with your contact information, we may provide you with service related announcements by any means, including email, concerning the site or contact you regarding your customer service requests or questions about your order. For example, all registered users will receive a welcoming email to confirm their registration. These types of communications are necessary to serve you, respond to your concerns and to provide the high level of customer service that the heat group offers its customers.

 

CUSTOMISED SERVICE

We may use your personal information to provide you with customized service and use of our site. For example, we may suggest products that would be of particular interest to you.

 

SPECIAL EVENTS, QUESTIONNAIRES AND SURVEYS

On occasion, MUD Makeup Design may host special events (such as contests, sweepstakes or other offerings), questionnaires and surveys. There may be specific rules applicable to these promotions that explain how any personal information you provide will be processed. We strongly suggest you review any applicable rules before participating. To the extent any special event, questionnaire or survey is not subject to specific rules, the processing of personal information is governed by this privacy policy and the purposes it sets forth.

 

EMPLOYMENT

If you provide personal information to us with respect to employment, such as your resume, we will treat such personal information as confidential and use it only to consider you for current and future employment opportunities and to contact you with respect to employment with us. We will retain your information for further recruitment opportunities that may arise, unless you tell us that you no longer wish for us to retain your information.

 

TECHNOLOGIES THAT ALLOW US TO CUSTOMIZE YOUR EXPERIENCE ON OUR SITE

We use various technologies to collect information (such as your web request, internet protocol address, browser type, browser language, the date and time of your request) about your visit to our site and to enhance and customize your experience on our site. For example, we may collect the internet protocol (ip) address identifying your computer or device and indicating your geographic region for statistical purposes. In some instances, we may use these technologies in combination with the personal information you provide on the site. These technologies may provide a variety of information such as whether you have visited our site before. They also may enable you to save your preferences. Each technology is explained below.

 

WEB BEACONS AND TRACKING LINKS

Web beacons (also called clear gifs and pixel tags), tracking links and/or similar technology consist of a few lines of code and are embedded on the pages of our site. They are often used in combination with cookies and are often not visible to the user of the site. Web beacons may relay information to third parties such as our service providers and may be used in order to track customer response to certain advertising, to better target interactive advertising and to enhance customer support and usability. If you reject our cookies (see “cookies” section below), you will prevent web beacons from relaying this information about you and may limit your use of some of our site features.

 

COOKIES

Browser cookies are bits of text that are placed on your computer’s hard drive when you visit our site. Flash cookies are similar to browser cookies except that they can store data more complex than simple text and are stored in your browser rather than on your hard drive.

You can have your browser and/or plugs to your browser, such as flash, notify you of, or automatically reject, cookies. Rejecting our cookies will disenable the coremetrics cookies (described below) as well. If you reject our cookies you may still use this site, but you may be limited in the use of some of its features. Temporary or “session” cookies are used to help you shop and will simply expire when you place an order.

 

INFORMATION WE SHARE AND WITH WHOM WE SHARE IT

We will not provide your personal information to third parties for their use in marketing their products or services to you without your consent, except as provided in the “business transfers” section below. In addition, we do not sell or otherwise disclose personal information about our site visitors except as described here.

 

THIRD PARTIES

We may retain other companies and individuals to perform functions on our behalf consistent with this privacy policy. Examples include data analysis firms, customer support specialists, email vendors, webhosting companies and fulfilment companies (e.g., companies that coordinate mailings). Such third parties may be provided with access to personal information needed to perform their functions but may not use such information other than on our behalf and in accordance with this privacy policy.

In addition, in some instances, you may be offered the opportunity to consent to the sharing of your information with a third party such as an event or promotion co-sponsor. If you consent, we will share your information with such third party and the information you provide may be used by such third party for their own purposes and in accordance with their own policies.

 

BUSINESS TRANSFERS

As we continue to develop our business, we might sell certain assets. In such transactions, user information, including personal information, generally is one of the transferred business assets, and by submitting your personal information on the site you agree that your data may be transferred to such parties in these circumstances.

 

COMPLIANCE WITH LAW AND FRAUD PROTECTION

We may disclose information that is necessary to comply with any applicable law, regulation, legal process, investigation by a law enforcement authority or governmental request. In addition, we may disclose any information when it is necessary to prevent personal injury, physical harm or financial loss or in connection with the lawful investigation or prosecution of suspected or actual illegal activity.

 

TRANSFER OF DATA TO OTHER COUNTRIES

Any third parties who may receive your personal information in accordance with this privacy policy and the databases in which your personal information is stored shall be located in Australia as well as in other countries which may not have laws that guarantee the same level of protection for personal information as Australia. All third parties that receive your personal information are required to honour the privacy representations made in this privacy policy, regardless of where they are located. If you prefer that we not share your personal information with any third parties and/or communicate or store your personally identifiable information outside of Australia, please do not provide us with any such information.

 

HOW WE PROTECT PERSONAL INFORMATION

We maintain reasonable safeguards for this site to protect against unauthorized disclosure, use, alteration or destruction of the personal information you provide on the site. If you have any questions about security at our site, you can send an email to our customer service team via the contact us page

 

UPDATES TO OUR PRIVACY POLICY

We may revise this privacy policy from time to time. If we decide to change our privacy policy, we will post the revised policy here. We suggest that you periodically consult this privacy policy. Please find the effective date of the privacy policy at the top of this page.

 

OPT-OUT AND MANAGING YOUR PREFERENCES

You may choose whether or not you would like to receive email from us. You may change your preferences with respect to email at any time clicking the "unsubscribe" link at the bottom of each email you receive from us, or getting in touch with our customer service team via our contact us page.

 

COMMENTS

We have taken great measures to ensure that your visit to our site is an excellent one and that your privacy is constantly respected. If you have any questions, comments or concerns about our privacy practices, please contact us.

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