Clinique Loyalty Program Terms & Conditions
Last updated May, 2024
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 set out below and all terms expressly incorporated by reference.
Please note that:
• We may cancel, modify, restrict or terminate these terms and/or the program or any aspect or feature of the program. we will use reasonable endeavours to provide advance notice to you of any material changes to or cancellation of the program, 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. you may cancel your membership if you disagree with any changes to the program or these terms;
• 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;
• Under our Privacy Policy, we may share personal information that you provide to us with affiliates of the Estee Lauder companies and service providers in order to perform services on our behalf and in accordance with our instructions (but do not authorise these parties to use or disclose the information except as necessary to perform services on our behalf or comply with legal requirements).
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) of Level 24, 201 Elizabeth Street, Sydney, NSW 2000, Australia ("Clinique", "we," "our" or "us").
1.2. 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 where the prospective member does not satisfy the eligibility requirements in this section 1.2 or does not otherwise comply with these Terms. 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 as notified at the time of enrolment in the Program or at the time of introduction of additional Program benefits (as applicable).
1.3. 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.
1.4 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 we may make in accordance with section 6.1 of these terms. You acknowledge and understand that the processing of your personal data will be in accordance with our Privacy Policy. You also agree to our website Terms and Conditions, which apply to your participation in the program. You may be required to confirm your agreement to these terms, our privacy policy and website terms and conditions when participating in the program, such as when you enrol in the program or when you place an order.
1.5 You should review these Terms, the website Terms and Conditions and the related policies 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 and our website Terms and Conditions or do not want your personal data processed in accordance with our Privacy Policy, you should not participate in the Program. The Program is void where prohibited by applicable law.
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 the second anniversary of your original enrolment 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 notifications when Program rewards are available.
4.1.1. 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: 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 but reasonable 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 Monday-Friday 8am – 7pm, Saturday-Sunday 10am-6pm AEST), or via WhatsApp at +61 483 915 927.
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 service 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 Monday-Friday 8am – 7pm, Saturday-Sunday 10am-6pm AEST), or via WhatsApp at +61 483 915 927. 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. To the full extent permitted by law, we are not responsible for rectifying any concerns about purchases or other Program activities not being credited to your Program account notified to us after this time.
4.9. Rewards can only be redeemed on the Site in conjunction with a product purchase, unless otherwise indicated by us.
5. Communications
5.1. We will send you Program related communications. Examples of Program related communications include loyalty point redemption emails, profile update emails, and other communications that relate to your account or Program benefits. If you terminate your Program membership, you will no longer receive any Program-related communications.
5.2 We will only send you marketing communications if you have consented to receiving them. You may opt-out of receiving marketing communications in accordance with our Privacy Policy.
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 may be required to click to accept the most current version of these Terms before you use 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. We will provide prior written notice of the revocation of your membership. 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.
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 Monday-Friday 8am – 7pm, Saturday-Sunday 10am-6pm AEST), or via WhatsApp at +61 483 915 927. 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. Liability
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. You agree that, to the fullest extent permitted by applicable law (including the Australian consumer law) and other than as expressly set out in these terms, neither we nor our parents, subsidiaries, affiliates, partners, or licensors will be responsible or liable (whether 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 during hyperlink to or from third party websites; (f) any inaccuracies or omissions in program content beyond our reasonable control; 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 act or omission or that of our servants, agents or employees.
7.4. To the fullest extent permitted by applicable law, neither we, our parents, subsidiaries, affiliates, partners, or licensors nor you 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) or otherwise, even if advised of the possibility of such damages.
7.5. In no event shall our maximum aggregate liability under these terms exceed one hundred Australian dollars (au$100.00) unless we cannot legally exclude our liability to you for such amounts.
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 or provided under these terms.
8. Indemnification
You agree to defend, indemnify and hold us 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, and our parents, affiliates, partners, licensors, officers, directors, and employees to the extent they have suffered any such loss, damages or costs, except to the extent such loss, damages or costs are caused by our act or omission.
9. Governing Law and Disputes
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.
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 Clinique Privacy Policy.
11. Entire Agreement; Waiver and Survival
11.1 These Terms govern our relationship with you as it relates to the Program. You confirm that, in agreeing to accept the Terms, to the extent permitted by law, 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.
11.2 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.
11.3 No waiver by us will be construed as a waiver of any proceeding or succeeding breach of any provision in these Terms.
12. Contact Us
For information about the Program and your membership, contact our customer service team through live chat at the Site (available on Monday-Friday 8am – 7pm, Saturday-Sunday 10am-6pm AEST), or via WhatsApp at +61 483 915 927. 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)
Level 24, 201 Elizabeth Street, Sydney, NSW 2000,
Australia
13. 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.