Last updated May 2024

PLEASE READ THESE TERMS AND CONDITIONS OF PARTICIPATION IN THE WAVES DE LA MER 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 OF 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 LA MER 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;

• YOU AGREE TO INDEMNIFY US FOR ANY LOSS OR DAMAGE RESULTING FROM ANY THIRD PARTY CLAIM RESULTING FROM YOUR BREACH OF THE PROGRAM OF 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 OR DAMAGE, EXCEPT TO THE EXTENT CAUSED BY OUR ACT OR OMISSION;

• 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 Waves de La Mer Australia 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 (“La Mer,” “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 agreed 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. By enrolling in the Program, you also agree to be bound by our Site Terms and Conditions, which are available using the link and on the Site. You acknowledge and understand that the processing of your personal data will be in accordance with our Privacy Policy and that if you do not want your data to be processed in accordance with the Privacy Policy then you should not participate (or cease participating) in the Program. You may be required to confirm your agreement to these Terms, our Site Terms and Conditions and our Privacy Policy 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 Site Terms and Conditions, the related policies and FAQs 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 except as set out in these Terms, including any agreement for products or services. If you do not agree to these Terms or our Site Terms and Conditions, you should not participate in the Program. The Program is void where prohibited by law.

2. Program Enrolment

2.1. Eligible individuals may enrol in the Program by visiting http://www.cremedelamer.com.au/ (collectively, the “Site”) and following the Program prompts to register for the Program.

2.2. You are required to provide your name and email address, and to create a password in order to enrol. 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 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 ownership of the Program membership account, 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. 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 earn points and reach Program loyalty tiers will be posted on the Site or may be published through other media (e.g., in marketing communications, social media, etc.). Visit our FAQs to learn more about earning points and reaching the Program loyalty tiers.

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, Marine                   0 – 749 points
• Tier 2, Aqua Marine         750 – 1,499 points
• Tier 3, Ultra Marine          1,500 + points

When you join, you’ll automatically be placed in Tier 1, Marine and be eligible for all the benefits Tier 1 members receive. If you earn at least 750 points in your first year, you’ll be automatically moved up to Tier 2, Aqua Marine. If you earn 1,500 points or more in your first year, you’ll qualify for Tier 3, Ultra Marine.

Your status in a particular tier is good for the year in which you qualify for that tier and the following full year. After that, you’ll need to earn enough points to qualify for that tier each year. For example, if you qualify for Tier 2, Aqua Marine, during your first year, you will maintain Aqua Marine status during your second year. But, if you earn less than 750 points on eligible purchases during your second year, you’ll drop back down to Tier 1, Marine status, on the second anniversary of your original enrolment date.

3.3. Members receive 1 point for every 1 Australian Dollar (AU$1) spent on eligible purchases at the Site. Eligible purchases include regular priced merchandise and exclude eGift Cards, applicable taxes (including GST), discounts, redemption items, samples, gifts with purchase, shipping and delivery charges, shopping bags, gift wrapping and/or other excluded charges specified by us from time-to-time. Purchases made outside of Australia are also not eligible for the Program. All points earned from purchases on the Site are pending until your order ships. For your purchase to qualify for the Program, you must be enrolled in the Program the date of purchase and be signed into your online account at the time of purchase. If you are not a member of the Program at the time of purchase, you must enrol on the Site within the next 30 days, using the same email address you provided at the time of purchase, in order to be eligible to earn points on that purchase. However, if your membership in the Program is terminated for any reason and you enrol in a new Program account, any purchases made prior to the date you enrol in a new Program account do not qualify for points.

3.4. Purchases made in airport stores and retail stores are not eligible purchases for purposes of the Program.

3.5. In addition to these purchases, you may also earn points for taking certain Program actions. Please see our FAQs for a list of the current ways to earn points at the Site. To earn points, you must be a Program member and be logged into your Program account before completing the actions. The number of points, if any, awarded for each action is determined by La Mer in its sole but reasonable discretion and notified to you (for example, through publication on the Site), and in all cases subject to a maximum number of points earned for each action per year.

3.6. 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 (0) and you start accumulating new points benefits and unlocking new rewards.

4. Product Rewards and Benefits

4.1. As a Member, you earn points that determine your points benefits plus tier levels and tier benefits. Product rewards and samples are shipped with product purchases on the Site only. You must be logged in to your Program account to use your benefits.

4.1.1. Point Rewards: Starting at 1,000 points, you are eligible to redeem some or all of these points for full-size product rewards. Please login to your Waves de La Mer account to see the latest reward offerings. Reward offerings are subject to availability and must be redeemed with a purchase on the Site. These rewards are based on the number of points you have accumulated in a single year as listed below. You may redeem one reward per transaction on the Site. 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 (0) 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 achieved and you are eligible for these benefits while you are in that tier regardless of the number of points you currently have. 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 (0), your initial tier status for the year is determined by the number of points earned in the prior year. Please review our FAQs for more information on how to redeem your tier benefits.

4.2. Neither accounts nor Program rewards, benefits and/or points may be transferred, 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.

4.3. Rewards, benefits and points earned through the Program have no cash value (i.e. cannot be cashed out), are non-transferable, and you have no property rights in or to rewards or other Program benefits. Purchase balances and/or points 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 Program Terms. The sale, barter, transfer, or assignment of any rewards benefits, or points offered through the Program, other than by us, is expressly prohibited.

4.4. Rewards cannot be exchanged or returned for points, another product or service or a monetary refund.

4.5. 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 discretion, may result in the violation of our Terms.

4.6. We are not responsible for rewards, benefits and/or points lost or redeemed due to fraudulent activity by you or any third party.

4.7. We reserve the right in accordance with section 6.1 below to:

• change Program benefits, how you reach each Program tier, how you earn points and how we evaluate and reward your eligible purchases and/or other Program activity; http://www.cremedelamer.com.au/customer-service-faqs
  
  
• place limits on the number of purchases or activities that are eligible for the Program and/or for any given tier or point level, the number or types of rewards or benefits you may receive or earn in any given tier or at any given point level, in a given time period or for the duration of the Program, and/or any combination thereof.

4.8. If you have concerns that a purchase or other activity was not properly applied to your account, you should contact La Mer Customer Service through live chat at the Site (available on Mon-Fri 8am-7pm AEST, Sat/Sun 10am-6pm AEST), via WhatsApp at +61483917727, or by calling 1800 661 392 or sending an email at our Contact Us page. Your message or email must 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 an account notified to us after this time.

4.9. Rewards can only be redeemed on the Site and only with a product purchase, unless otherwise noted by La Mer.

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. We may, in our discretion and to the maximum extent as permitted by applicable law, cancel, modify, restrict or terminate these Program Terms, our FAQs, and/or the Program or any aspect or feature of the Program from time to time. We will use reasonable endeavors 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 by contacting La Mer Customer Service through live chat at the Site (available on Mon-Fri 8am-7pm AEST, Sat/Sun 10am-6pm AEST), via WhatsApp at +61 483917727, or by calling 1800 661 392 or sending an email at our Contact Us page. If you cancel your membership, you will lose all accumulated points, benefits and your tier status will automatically expire, and you 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 LA MER 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 LA MER, 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 INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND RELATED TO THE PROGRAM OR AND YOUR PARTICIPATION THEREIN, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN 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, 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 substantive 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 La Mer 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 these 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. To the extent permitted by law, 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 these 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 La Mer Customer Service through live chat at the Site (available on Mon-Fri 8am-7pm AEST, Sat/Sun 10am-6pm AEST), via WhatsApp at +61 483917727, or by calling 1800 661 392 or sending an email at our Contact Us page. We are not responsible for requests or correspondence lost or delayed in the mail or over the Internet. You may also find answers to helpful frequently answered questions in our FAQs.

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.