MECCA Presents La Mer Virtual Masterclass event: terms and conditions

1. Overview

  1. MECCA Brands Pty Ltd of 34 Wangaratta Street, Richmond, Victoria, 3121, Australia (ABN 11 077 859 931) (MECCA, we, us or our) is the organiser of the Event.
  2. By registering for and/or participating in the Event, all participants (you or your), will be deemed to have accepted and agreed to be bound by these terms and conditions (Terms) and our Privacy Policy.
  3. If you are under 18 years of age, your parent or guardian must read these Terms and accept them on behalf of you.
  4. To the extent of any inconsistency between these Terms and any other reference to the Event, these Terms prevail.

2. Registration

  1. You must be an original intended recipient of our email invitation, and register in accordance with these Terms, in order to participate in the Event. 
  2. Registration will be managed via the zkipster website (Site).
  3. To register, you must follow the instructions provided in the Event email invitation we sent you to complete the registration form with up to date and accurate contact details, including your full name, address and email address via the Site before the Event’s attendee capacity of 500 individuals is exhausted.
  4. By registering for the Event using the Site, you may be subject to the terms and conditions, privacy policy and / or another document of a third party, which may include the Site operator. You should carefully review any such documents. MECCA is not responsible for the practices of any third parties, which may include the Site operator.

3. Risk

  1. You warrant that you are fit to safely participate in the Event.
  2. You agree to participate in the Event solely at your own risk.

4. Photography

  1. During the Event, photos, screenshots, videos and/or audio and visual recordings, including screen recordings (collectively, Photos) may be taken of you.
  2. If you do not wish to have Photos taken of you, please do not attend the Event.
  3. You understand:
    1. you may be captured in the Photos; and
    2. the Photos may reveal your Personal Information (ie identify you or be capable of identifying you), including your sensitive information (eg race, health conditions and religious beliefs).
  4. You consent to us:
    1. taking Photos of you during, or immediately before or after, the Event; and
    2. using the Photos worldwide for the purposes specified at 5.1(b)(iv), whether in their original form or edited or altered.
  5. Our rights to use the Photos will be in perpetuity.
  6. Given the nature of the internet, a Photo of you that we share or publish online or via social media will be available and accessible worldwide and we will not be able to ensure overseas viewers do not breach the relevant Australian Privacy Principles in relation to that Photo.
  7. We own the Photos we take of you, including the Intellectual Property Rights subsisting in those Photos.
  8. You acknowledge that you are not entitled to remuneration, royalties or any other payments from us in respect of our use of the Event recording.
  9. MECCA is not responsible to you or anyone else for the use of any photos (including screenshots) or recordings, which are taken during the Event by persons not authorised or approved by MECCA.

5. Privacy

5.1 Collection notice
  1. We will collect your Personal Information in the course of conducting the Event, including:
    1. any contact details we reasonably request from you when you register for the Event in accordance with these Terms; and
    2. any Photos we take of you while you attend or participate in the Event.
  2. We will use your Personal Information:
    1. to send you a Gift, provided you comply with all applicable offer conditions, as specified in clause 6;
    2. to organise and host the Event;
    3. to register you for, and communicate with you about, the Event; and
    4. for our marketing and promotional purposes, including posting, uploading, sharing or otherwise using your Personal Information (such as your name) in any media (including our websites at www.mecca.com.au and www.meccabeauty.co.nz and our social media channels, such as Instagram, Facebook, Twitter, YouTube, TikTok and LinkedIn), worldwide, for an unlimited period and without payment to you. This may include promoting this Event, the Competition and any products manufactured, distributed and/or supplied by us or our Related Bodies Corporate.
  3. If you do not provide your Personal Information, you will be unable to attend the Event or redeem the offer for a Gift.
  4. Visit our Privacy Policy for information on our privacy practices, including how you may access or correct your Personal Information, our complaints process and the types of entities or individuals we may provide your Personal Information to.
5.2 Contact

If you have any privacy queries, please contact us at privacyofficer@mecca.com.au or on 1800 007 844 (if you are in Australia) or 0800 882 443 (if you are in New Zealand).

6. Gift

  1. If you register for the Event in accordance with these Terms and attend the Event for its full duration, we will provide you with a gift comprising [insert description of prize] valued at a recommended retail price of AUD$100 (Gift).
  2. Limit of 1 Gift per Event participant applies.
  3. You must attend the Event for its full duration in order to redeem this offer for the Gift.
  4. We will send your Gift to the address you provided at the time of registration, within 3 weeks of the Event.
  5. Any part of the Gift may be replaced with something of similar value or specification if it is unavailable or out of stock, subject to required regulatory approval.
  6. To the extent permitted by law, a Gift is not transferable, saleable or redeemable as cash, credit or equivalent.
  7. You must comply with all terms and conditions of use of a Gift.
  8. MECCA may terminate this offer at any time.

7. MECCA directions

  1. You agree to abide by all decisions, directions and rules issued by us (or our employees, volunteers, contractors, partners or agents) from time to time in relation to the Event (collectively, Directions). Our Directions are final, and no correspondence or communication can be entered into in relation to our Directions.
  2. Any safety precautions undertaken by our employees, volunteers, contractors, partners or agents are for your benefit and that of other participants. We do not guarantee your safety. Any safety measures taken or adopted by MECCA for the Event do not detract from your responsibility to take care for your own safety and medical conditions and for the safety and medical conditions of others.

8. Behaviour

  1. At all times during the Event, you must ensure that you do not behave in a rude, offensive or aggressive manner or engage in any conduct which damages or diminishes the reputation of MECCA or the Event.
  2. The Event is a smoke and drug free Event and you must ensure that your ability to participate in the Event is not impaired by alcohol or drugs.

9. Disruption to Event

If, for any reason, the Event is interfered with in any way or is not capable of being conducted as planned due to a Force Majeure Event, we may, without liability, to the fullest extent permitted by law, cancel, terminate, modify, reschedule, relocate or suspend the Event, as appropriate.

10. Release, liability and indemnity

  1. Nothing in these Terms excludes, restricts or modifies any rights or remedies under Schedule 2 of the Competition and Consumer Act 2010 (Cth) that cannot be excluded, restricted or modified.
  2. Subject to clause 10(a) and to maximum extent permitted by law, we and our Related Bodies Corporate (and each of their officers, directors, employees, volunteers, contractors, agents and partners) (collectively, the Released):
    1. are not liable for, and you release the Released from, any personal injury or loss, damage, claim, demand, proceeding, liability or expense (including for loss of opportunity, business, goodwill or profits), whether direct, indirect, special or consequential, arising in any way out of the Event, including any personal injury (physical or mental), property damage, death or permanent injury to you or anyone else;
    2. make no express or implied warranties, representations or guarantees, in fact or in law, regarding the Event or the merchantability, quality or fitness for purpose of or the accuracy of information (such descriptions, colours, ingredients, information or other content) provided about any Gifts, products or services;
    3. are not responsible or liable (directly or indirect) for the content or accuracy of, and do not endorse any action or representation of, any third party during the Event; and
    4. are not responsible for any problem or technical malfunction of any telephone network or lines, computer systems, servers, providers or equipment, software, traffic congestion on the internet or any website, or any combination of those, including any injury or damage to entrants or any other person’s computer related to or resulting from participating in or downloading any materials during the Event.
  3. You indemnify the Released against all liabilities, demands, proceedings, losses, damages, expenses or costs (including direct, indirect or consequential losses, damages, costs and expenses) arising out of, or in connect with, your participation or registration in the Event.  
  4. The release and indemnity contained in this clause 10 continue forever and bind your heirs, executors, personal representatives and assigns.

11. General

  1. Any failure to enforce any of our rights does not constitute a waiver of those rights.
  2. Any part of these Terms that is illegal, void or unenforceable may be severed, and the remainder will continue in force.
  3. This Event and any issues relating to the construction, validity, interpretation and enforceability of these Terms will be governed by the laws of Victoria, Australia.
  4. If you have any queries about these Terms, you may contact us at customerservice@mecca.com.au or on 1800 007 844.

13. Definitions

  1. Australian Privacy Principle has the meaning in the Privacy Act 1988 (Cth).
  2. Event means the MECCA Presents La Mer Virtual Masterclass event, scheduled to be held via Zoom from 7pm to 10pm AEST on 12 August 2021. 
  3. Force Majeure Event means an event or circumstance beyond our reasonable control, including but not limited to, natural disaster, acts of war, riots, vandalism, failure or shortage of power supplies or other essential utility, pandemic, epidemic, strike, a change in applicable law, infection by computer virus, bugs, tampering, unauthorised intervention, fraud or technical failures.
  4. Intellectual Property Rights means all patents, rights to inventions, copyright, trade marks, trade names and domain names, rights in goodwill, rights in confidential information and any other intellectual property rights, whether registered or unregistered and including all applications for, and renewals or extensions of, such rights and all similar rights which subsist now or in future anywhere in the world.
  5. Personal Information has the meaning in the Privacy Act 1988 (Cth).
  6. Related Bodies Corporate has the meaning in the Corporations Act 2001 (Cth).