Terms & Conditions

Morphe Terms and Conditions

These terms and conditions (these “Terms and Conditions”) govern your use of the au.morphe.com website (“Website”) and any order which you place through the Website, and apply to any Website visitor (collectively, “you”). You should read these Terms and Conditions carefully before you use the Website or buy our products from the Website. These Terms and Conditions tell you who we are, how you can use the Website, how you can buy our products, what to do if there is a problem and other important information.

1.              HOW YOU CAN CONTACT US

The terms “Morphe”, we”, our”, and “us” as used in these Terms and Conditions refer to Morphe LLC, with its principal address at 22 4th Street 4th Floor, San Francisco, CA 94103, USA.

1.1            Our Contact Information. You can contact us by calling us at 1 800 955 927 or by emailing us at au.info@morphe.com.

1.2            Contacting You. If we have to contact you, we'll give you a call or email you using the details you give us in your order.

2.              USE OF THE WEBSITE

2.1            Your Agreement. Your use of the Website, and the services available on the Website (“Services”), is covered by these Terms and Conditions and our privacy policy https://au.morphe.com/pages/privacy-policy (our “Privacy Policy”). The Privacy Policy deals with how we use your personal data. We recommend that you read this.

2.2            Registration. You can register an account with us to help you order our products more quickly. When you create an account, you confirm that:

2.2.1         the details which you provide (e.g. your name) are real and accurate;

2.2.2         you'll notify us immediately of any changes to your details by updating these details on your online account; and

2.2.3         you won't impersonate any other person or use any details that you're not authorised to use.

2.3            Access Credentials. If you register an account with us, please keep in mind that we will treat anyone who uses your username and password as "you." We will provide this user with all of the rights and privileges that we provide to you, and we will hold you responsible for the activities of a person using your password. Therefore, we recommend that you keep your account details safe and that you refrain from disclosing this information to anyone who might "pretend" to be you with respect to the Website and your participation in the Services. You should tell us immediately if you become aware of any unusual or unauthorised activity on your account.

3.              OTHER IMPORTANT INFORMATION ABOUT YOUR USE OF THE WEBSITE

3.1            Ownership of Morphe Content. The aesthetic, content, software, video, audio, pictures, trademarks, trade dress, and other information on the Website (collectively, Morphe Content”) are very important to us. We own or have a right to use all of the Morphe Content, and copyright, trademarks and other intellectual property rights embodied in such Morphe Content available on the Website, and these materials are protected by U.S. and international copyright and other intellectual property laws, or are used under the principles of fair use. We, and our licensors, retain all rights with respect to the Website and the Morphe Content except those expressly granted to you in these Terms and Conditions.

3.2            Our Grant of Rights to You. Subject to your compliance with these Terms and Conditions, we grant to you a limited, non-exclusive, non-transferrable, right to access, execute, perform, and otherwise use the Website and Morphe Content solely for your personal purposes, and provided that you shall not: (i) license, sublicense, sell, resell, distribute, or otherwise commercially exploit the Website or Morphe Content; (ii) modify or make derivative works based upon the Website or Morphe Content; or (iii) reverse engineer, reverse compile, or access the Website or Morphe Content in order to build a competitive product or service. You may use these materials to browse our Website and place orders for your personal use only (and at all times in compliance with these Terms and Conditions and our Privacy Policy), but you're not allowed to use them for any other reason. This means that you're not allowed to duplicate, publish, display, distribute, modify, or create derivative works from the material presented through the Website (including any Morphe Content) unless specifically authorized in writing by us.

3.3            Your Grant of Rights to Us. By submitting any information when interacting with the Website, submitting product reviews as set forth in Section 9 (How Can I Leave a Review About Morphe Products), uploading files, or through other means (collectively, “User Content”), you grant to us a perpetual right to use, copy, reformat, index, modify, display, and distribute your User Content for the purposes of providing Services to you and for our operations. No compensation will be paid with respect to our use of your User Content. You represent and warrant that you own all rights needed to provide the grant set out in this section.

4.              CODE OF CONDUCT

AS A CONDITION TO YOUR USE OF THE WEBSITE, YOU AGREE TO FOLLOW OUR CODE OF CONDUCT (“CODE”), SET OUT BELOW:

4.1            You must not modify the page or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

4.2            Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.

4.3            You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.

4.4            If you print off, copy or download any part of our Website in breach of these terms of use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

4.5            You must not misuse our Website or introduce any viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You also shouldn't attempt to gain unauthorised access to the Website or any server, computer or database connected to the Website. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of-service attack. 

4.6            You may link to our Website, Twitter, Instagram, Facebook, SnapChat and Pinterest, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. When you're linking to our website or social media, you may not do so in a way that suggests we're approving or endorsing you.

4.7            Except in the situations listed in clause 4.6 above, you must not establish a link to our Website on any website that is not owned by you.

4.8            Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page. We reserve the right to withdraw linking permission without notice.

4.9            You must not upload, email, or otherwise transmit User Content that is unlawful, obscene, harmful, hateful, invades the privacy of any third party, contains nudity or pornography, or is otherwise objectionable.

4.10          You must not disseminate material that impacts or invades the privacy of others, such as photographs, video clips, sound recordings, personal data, or other materials that reveal personal, private, or sensitive information about another person, without that person's consent.

4.11          You must not submit material that is intentionally false, defamatory, unlawfully threatening, or unlawfully harassing.

4.12          You must not infringe any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy. Electronic materials – such as music, videos, images, and text in electronic form – can easily be copied, modified, and sent over networks (such as the Internet). These electronic materials are thus extremely vulnerable to unauthorized distribution and copyright infringement. These materials may not be transmitted over the Website without the copyright owner's permission, or without a legitimate "fair use" justification for the transmittal.

4.13          You must not use the Website for any purpose that is unlawful or prohibited by these Terms. For example, you will not use the Website to violate any law, statute, or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising).

5.              MONITORING; REVOCATION OR SUSPENSION OF USE PRIVILEGES

5.1            Monitoring; Violation of the Code. We reserve the right at any time to (i) monitor your use of the Website, and (ii) terminate or suspend your use of some or all portions of the Website if you engage in activities that we conclude, in our discretion, breach our Code of Conduct or otherwise violate these Terms and Conditions or our Privacy Policy.

5.2            Objectionable Content. Although we have no – and assume no – obligation to monitor activities on the Website, please understand that we may employ filters designed to detect and block inappropriate content under our Code of Conduct. We reserve the right to request edits to remove any information or material, in whole or in part, that we believe, in our sole discretion, is incompatible with our Code of Conduct. IF YOU DO NOT REMOVE OBJECTIONABLE CONTENT IN RESPONSE TO OUR REASONABLE REQUESTS, THEN WE WILL TERMINATE YOUR USE OF SOME OR ALL OF THE WEBSITE OR SERVICES AT ISSUE AND REMOVE THE CONTENT AT ISSUE.

5.3            Applicable LawDisclosure. Our Code of Conduct is based in many instances on principles of applicable law. Accordingly, users who violate our Code of Conduct may be exposed under these laws to criminal charges, and civil liability to harmed parties for compensatory damages and attorney's fees. We reserve the right at all times to disclose information that it deems necessary to satisfy any applicable law, regulation, legal process, or governmental request, consistent with our Privacy Policy.

5.4            Reporting. If you believe that a user has acted inappropriately, such as by violating our Code of Conduct, then you may report your concerns by contacting us at au.info@morphe.com.

6.              LINKS TO THIRD-PARTY SITES

The Website may contain links to third-party websites (collectively, the “Linked Sites”). Linked Sites may include websites operated by third-parties that we may engage to provide certain Services to you on our behalf. We do not own these Linked Sites and we do not assume any responsibility or liability for any content, opinions, material available on Linked Sites, or such Linked Sites' privacy practices with respect to information that you provide to the Linked Sites. We do not endorse the content of any Linked Site, nor do we warrant that a Linked Site will be free of computer viruses or other harmful code that can impact your computer or other web-access device. By using the Website to link to another site (including Linked Sites), you agree and understand that such use is at your own risk. For example, if you submit personal data to a Linked Site, then the personal data that you submit shall be governed by the Linked Site's privacy policy and terms of use, and not by our Privacy Policy or these Terms and Conditions.

7.              HOW CAN I BE FEATURED ON THE WEBSITE?

7.1            Conditions. If you would like to be featured on the Website:

7.1.1         you need to make sure you meet our requirements https://morphe.com/pages/social-pin-board;

7.1.2         you promise us that any User Content you submit is yours or that you've got permission to submit it to us in accordance with Section 3.3 (Your Grant of Rights to Us);

7.1.3         you're happy for us to publicly share your content on the Website and social media channels, and so you're happy for us to have a right to use, store, copy, distribute your photo and make it available to third parties; and

7.1.4         you tag #MorpheBabe.

7.2            Use and Removal of User Content. It is completely in our discretion as to whether we will use any User Content submitted to us and we can take down any content at any time. However, before we use any User Content you submit on social media using #morphe babe, we will always ask your permission before we use it.

7.3            Compliance with Our Standards. You confirm that any such contribution of User Content does comply with those standards, and you may be liable to us if your contribution doesn't comply with those standards. This means you will be responsible for any loss or damage we suffer as a result of your contribution failing to comply with those standards.

7.4            Your Disputes with Others. We are not responsible or liable for User Content or user conduct. You are solely responsible for your User Content, conduct, and interaction with other site visitors, both online or offline. We have no obligation to become involved in disputes between Website users. If you have a dispute with another user, then you release us (and our officers, directors, agents, employees, subsidiaries, and affiliates) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.

8.              CONTACT FOR ALLEGED COPYRIGHT INFRINGEMENT

We respect the intellectual property rights of others and require that its users do the same. If you believe that any content (including User Content and Morphe Content) on the Website or other activity taking place on the Website constitutes infringement of a work protected by copyright, please notify us as at au.info@morphe.com

Your notice must comply with the Digital Millennium Copyright Act (17 U.S.C. §512) (the “DMCA”). Upon receipt of a compliant notice, we will respond and proceed in accordance with the DMCA.

9.              HOW CAN I LEAVE A REVIEW ABOUT MORPHE PRODUCTS?

9.1            Submission of Reviews. You can leave a review about a Morphe product by clicking on the "leave a review" button under a particular product.

9.1.1         Any review must:

(a)             be accurate (where it states facts); and

(b)            be genuinely held (where it states opinions).

9.1.2         Any review must not:

(a)             contain a reference to any other company, website or individual;

(b)            be defamatory or discriminatory of any person;

(c)             be obscene, offensive, hateful or inflammatory.

(d)            promote violence; or

(e)             breach the law.

9.1.3         By leaving a review, you agree that:

(a)             we can publish your review on the Website;

(b)            we can moderate your review;

(c)             we can remove your review from the Website at any time, if we think that your review isn't in line with these terms, and that we don't need to tell you that we're going to remove it; and

(d)            we won't be liable to you if we do remove your review from the Website.

10.            HOW CAN I BUY FROM THE MORPHE WEBSITE?

The sale and purchase terms and conditions included in this Section 10 (How Can I Buy from the Morphe Website) through 16 (Your Remedies in Connection with Sale and Purchase Terms) (together, these “Sale and Purchase Terms”) shall only apply if you place an order on our Website to purchase our product(s).

10.1          Ordering. In order to buy any of the products on our Website you need to:

10.1.1      click on any product that you'd like to buy, click the quantity that you'd like to buy and then click "Add To Bag";

10.1.2      click the shopping bag icon at the top of the Website;

10.1.3      the order process will show you our acceptable payment methods;

10.1.4      you'll be asked to provide your contact, shipping and payment information during the order process;

10.1.5      you'll be shown a breakdown of the product price and any applicable delivery costs; and

10.1.6      you'll place your order by pressing the "Complete Order" button at the end of the checkout process.

10.2          Order Limit. There is a limit of $500 per order per person. If you try to buy more than $500 worth of products, we won't be able to accept your order. If we think or know that you're trying to get around our limit, we may also refuse to accept your orders.

10.3          Personal Use Only. We want you to enjoy your Morphe products yourself and so we're only offering them to you for personal use; you can't resell them onto other people.

10.4          Order Confirmation. We'll send you an order confirmation email setting out the details of the products you've ordered. This e-mail does not mean your order has been accepted.

10.5          Payment. We'll take payment from you once your order has been placed.

10.6          Inability to Accept Orders. There are times when we're not able to accept your order. This might happen if:

10.6.1      the product you're looking to buy is out of stock;

10.6.2      we're not able to take payment from you;

10.6.3      you don't comply with these Sale and Purchase Terms (particularly if you're ordering more than the permitted amount of products per order or we think you're not ordering the products for personal use);

10.6.4      there is a technological failure and we can't process your order;

10.6.5      you haven't provided us with all the information we need to fulfil your order; or

10.6.6      we've spotted an error in the price or description of the product.

If we can't accept your order, we'll let you know as soon as we can and won't charge you for your order.

10.7          Order Numbers. We'll give you an order number when we accept your order. If you contact us about your order, we may ask you for this order number so keep it safe.

11.            OUR PRODUCTS

11.1          Product Images. The images of the products on the Website are for illustrative purposes only and we can't guarantee that what you see from your phone, tablet, laptop or computer accurately reflects the colour of the products. This means that what you buy (including any product packaging) may vary slightly from those images.

11.2          Product AvailabilityThe products sold by us are those featured on the Website on the day on which you access the Website, subject to availability. We shall try to report any permanent or temporary unavailability of our products on the Website's information page describing each product or at the time you place the order.

11.3          Prices. The price of our products will be the price indicated on the order page when you place your order. Although we try to make sure that the price shown on the Website and order page are accurate, some of the prices may be incorrect. If we find a mistake in the price of a product you have ordered, we won't be able to accept your order and we'll contact you as soon as possible to give you the choice of continuing with the order or cancelling it. If we can't reach you we'll treat your order for the incorrectly priced product as cancelled.

12.            WHAT TO DO IF YOU'VE MADE A MISTAKE

12.1          Order Changes. Unfortunately once an order is submitted it is not possible to make any changes. Please refer to Section 14.1.

13.            WHEN WILL I GET MY ORDER?

13.1          Delivery Date. We work with a delivery company to send you your order and we'll deliver your order according to the estimated delivery date shown when you're placing your order and the order despatch email.

13.2          Shipping or Delivery Delays. Sometimes your order might be delayed for a reason outside of our control. If this happens, we'll let you know as soon as possible, and we'll try to get your order to you as soon as we can. Even though we'll be trying to fix the situation, we won't be responsible or liable to you for any delays to your order. If your order is going to be significantly delayed, you can contact us at au.info@morphe.com or call us at 1800 955 927 and we can discuss the options available to you, as per 14 (How Can I Cancel or Return My Order?).

13.3          Delivery Failures. If no one's around to accept delivery of your order, our delivery company will leave you a note telling you how to rearrange delivery or collect your order from them. If they cannot deliver your order for any reason, it will be returned to Morphe and your payment method will be credited for the products purchased less any shipping fees.

13.4          Our Right to Stop Orders. Sometimes we might have to stop your order if we need to change our products to comply with any relevant laws or if our products are subject to any recall order. If we have to stop your order, we'll let you know in advance (unless the problem's urgent or an emergency) and we'll refund any money you've paid for the affected products (including delivery charges).

14.            HOW CAN I RETURN OR EXCHANGE MY ORDER?

14.1          Cancelling Orders. If you would like to cancel and return your order, email us at au.info@morphe.com or call us at 1800 955 927 telling us that you want to cancel your order and giving us your name, order number, date of order, delivery address and your contact details, and we can discuss the options available to you.

14.2          Returns or Exchanges. Returns or exchanges can be made for any reason within 30 days. Email us at au.info@morphe.com or call us at 1800 955 927 telling us that you'd like a refund or exchange and giving us your name, order number, date of order, delivery address and your contact details.

14.3          Reimbursement of Delivery Costs. We'll only reimburse you the delivery costs of returning the products to us if the products are faulty or mis-described or because we were supposed to do something and we can't do it.

14.4          Method of Reimbursement. We'll reimburse you by the same method you used for payment.

14.5          Timing of Refund. We'll make any refunds due to you as soon as possible but we'll try to reimburse you within 14 days from when we receive your returned products.

15.            YOUR REMEDIES IN CONNECTION WITH SALE AND PURCHASE TERMS.

15.1          Our Failure to Comply. If we fail to comply with these Sale and Purchase Terms, we are responsible for loss or damage you suffer that is a foreseeable or obvious result of us breaking this contract, at the time we accept your order.

15.2          Limitation of Our Liabilities Relating to Sales. We only supply the products for personal use. We will not, in connection with these Sale and Purchase Terms, be liable to you in any way for:

15.2.1      any loss of revenue, profit, business or sales that you suffer; or

15.2.2      any losses which are not foreseeable or are not obvious when we accept your order.

15.3          No Third-Party Rights. Nobody else has any rights under these Sale and Purchase Terms.

16.            OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

16.1          Warranty Disclaimer. WE DO NOT PROMISE THAT THE WEBSITE OR SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED. THE WEBSITE, MORPHE CONTENT, AND SERVICES ARE DELIVERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WHEN YOU ACCESS THE WEBSITE, OR USE THE SERVICES, YOU DO SO AT YOUR OWN RISK. WE DO NOT WARRANT OR REPRESENT THAT MATERIALS YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL FEATURES. THE WEBSITE, MORPHE CONTENT, AND SERVICES ARE DELIVERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WHEN YOU ACCESS THE WEBSITE, OR USE THE SERVICES, YOU DO SO AT YOUR OWN RISK. WE DISCLAIM: (i) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (ii) ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, OR LEGALITY OF INFORMATION AVAILABLE THROUGH THE WEBSITE OR SERVICES; AND (iii) ANY RESPONSIBILITY OR LIABILITY FOR HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION THROUGH THE WEBSITE, INCLUDING HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE, SERVICES, AND CONTENT IS AT YOUR SOLE RISK.

16.2          Limitation of Liability. UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE WEBSITE, SERVICES, AND MORPHE CONTENT.

16.3          Accuracy of Website Content. Although we make reasonable efforts to update the information on the Website, we can't guarantee that the content on the Website is accurate, complete or up to date. If you have a question about any information on the Website, let us know by calling or emailing us.

17.            YOUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY US

You agree to defend, indemnify, and hold us and our subsidiaries, affiliates, officers, directors, agents, and employees harmless from any liability to third-parties, including reasonable attorneys' fees, arising from or related to your breach of these terms and conditions or our Privacy Policy.

18.            GENERAL

18.1          Suspension of Website or Services. We may suspend, take down or stop the availability of all or any part of the Website or the Services for business or operation reasons. We'll try to give you reasonable notice if this happens but this might not always be possible.

18.2          Third-Party Website Terms. Where the Website contains links to websites and resources provided by third parties, and not Morphe, we have no control over this information and your use of these websites and resources is at your own risk. In order to be safe, we recommend that you read any terms and conditions for these websites and resources.

18.3          Severability. If any provision of these Terms and Conditions is held to be invalid or unenforceable, then such provision shall be struck and the remaining provisions shall be enforced.

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

18.5          No Waiver of Rights. Our failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.

18.6          Entire Agreement. Subject to Section 19.7 (Other Agreements), these Terms and Conditions set forth the entire understanding and agreement between you and us with respect to the subject matter hereof and supersede any prior or contemporaneous understanding, whether written or oral.

18.7          Other Agreements. Certain portions of the Website or Services offered through it may be subject to additional or different terms and conditions. We will notify you if the Service or portion of the Site is subject to terms and conditions that differ from these terms and conditions, and you will have the opportunity to decline to participate in such Service or Website if you do not agree with the differing terms and conditions. These Terms and Conditions must be read in conjunction (i) with other agreements into which you and Morphe enter concerning the Website (if any), and (ii) with our Privacy Policy. The provisions of our Privacy Policy are incorporated herein. To the extent these Terms and Conditions conflict with the terms of our Privacy Policy, the terms of our Privacy Policy shall control. Similarly, to the extent these Terms and Conditions conflict with the terms and conditions of any specific agreement you enter with us, the terms and conditions of such specific agreement shall control.

18.8          Assignment. These Terms and Conditions shall not be assignable by you, either in whole or in part. We reserve the right to assign its rights and obligations under these Terms and Conditions.

18.9          Governing Law. These Terms and Conditions shall be governed in all respects by the laws of the State of California without giving effect to its conflicts of law provisions. Both parties submit to the personal jurisdiction of and venue in the state and federal courts in the judicial district that includes San Francisco, California. The parties further agree that any cause of action arising under these Terms shall exclusively be brought in such courts.

18.10       Modifications. We can change these Terms and Conditions from time to time. We shall try to ensure that any new version of these Terms and Conditions shall be announced in advance on our Website. The version that is on the Website will always take precedence over all the other versions of these Terms and Conditions. However, the applicable Terms and Conditions are those accepted by you at the time of placing the order.

18.11       Survival. In addition to any right or obligation that by its nature or intent is intended to survive the termination or expiration of these Terms and Conditions, the following sections shall survive any termination or expiration of these Terms and Conditions and shall apply indefinitely: Sections 3.1 (Ownership of Morphe Content); 17.1 (Warranty Disclaimer); 17.2 (Limitation of Liability); 18 (Your Responsibility for Loss or Damage Suffered by Us); and 19 (General).

19.            CONTACT US.

If you have any questions, comments, or complaints about these Terms and Conditions, our products, the practices of this Website, or your dealings with this Website, please contact us at au.info@morphe.com.

20.            EFFECTIVE DATE.

The effective date of these Terms and Conditions is August 23, 2019.

21.            COPYRIGHT AND LEGAL NOTICE.

Copyright © 2019 Morphe LLC. All Rights Reserved.

 

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