Welcome to our Estée Lauder Hong Kong web site ("Estée Lauder HK Site" or “this Site”). Estée Lauder Hong Kong Limited 33/F, Tower 2, The Gateway, Harbour City, Tsimshatsui, Hong Kong ("Estée Lauder Hong Kong", "we", "us" or "our") provides the services available on this Site to you subject to the following terms and conditions ("Terms and Conditions"). By accessing or using this Site, you are acknowledging that you have read, understood, and agreed, without limitation or qualification, to be bound by these Terms and Conditions. Please note that if you visit one of our other regional Sites, you are subject to the terms and conditions applicable for that Site and we suggest that you preview such terms and conditions.

1. Privacy Policy

Please review our Privacy Policy, which forms part of these Terms and Conditions, so that you understand our privacy practices.

2. About Estée Lauder Hong Kong

Estée Lauder Hong Kong is a limited liability company with a registered address at 33/F, Tower 2, The Gateway, Harbour City, Tsimshatsui, Hong Kong.

3. Product Descriptions

We will take all reasonable care to ensure that all details, descriptions, images and prices of products and other information appearing on this Site (“Information”) are correct at the time when the relevant information was entered onto the system. However, to the extent permitted by applicable law, we do not warrant that the Information available on this Site is accurate, complete, reliable, current, or error-free. Although we aim to keep this Site as up to date as possible, the Information may not always be accurate.

4. Services

The services available on this Site may only be accessed following successful registration through it and are for personal and non-commercial use only. You may not sell or resell any of the services you receive from us.

5. Intellectual Property

All content available on this Site, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations, software, and the compilation thereof (collectively the "Content") is the property of Estée Lauder Cosmetics Ltd., our affiliates, partners or licensors, and is protected by copyright. The trademarks, logos, and service marks displayed on this Site (collectively the "Trademarks") are the registered and unregistered marks of Estée Lauder Cosmetics Ltd., our affiliates, partners or licensors in Hong Kong and other countries, and are protected by Hong Kong and international trademark laws. All other trademarks not owned by us, our affiliates, partners or licensors that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. Except as set forth in the limited license in Section 6 below, or as required under applicable law, neither the Content, the Trademarks, nor any other portion of this Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent.

6. Limited License

We grant you a limited, revocable, and non-exclusive license to access and make personal use of this Site. This limited license does not include the right to: (i) frame or utilise framing techniques to enclose this Site or any portion thereof (ii) modify or download this Site or its Content (except caching or as necessary to view the Content); (iii) make any use of this Site or its Content other than for personal use; (iv) create any derivative work based upon either this Site or its Content; (v) collect account information for the benefit of another party; (vi) use any meta tags or any other "hidden text" utilising our name or the Trademarks; or (vii) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.

We also grant you a limited, revocable, and non-exclusive license to create a hyperlink to the home page of this Site for personal, non-commercial use only. A website that links to this Site (i) may link to, but not replicate, our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content that is lawful and appropriate for all ages; (v) may not portray us or our products or services in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; (vi) may not use any Trademark without express written permission; and (vii) may not link to any page of this Site other than the home page. We may, in our sole discretion, request that you remove any link to this Site, and upon receipt of such request, you shall immediately remove such link. Any unauthorised use by you of this Site terminates the limited license set forth in this Section 6 without prejudice to any other remedy provided by applicable law.

You agree not to register or attempt to register any trademark, company name or domain name identical or similar to the Trademarks or assist any third party to do so.

7. Your Obligations and Responsibilities

In the access or use of this Site, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on this Site. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to this Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of this Site. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions (including our Privacy Policy), you shall be liable for all the losses and damages that this may cause to Estée Lauder Hong Kong, our affiliates, partners or licensors (“Indemnified Parties”).

8. Your Account

You warrant that the personal information which you are required to provide when you register as a customer is true, accurate and current in all respects. See our Privacy Policy regarding the treatment of your personal information.

You are responsible for ensuring that the personal information you provide to us is up to date. If your personal information changes then please notify us immediately by emailing us at: enquiry@hk.esteelauder.com.

You are responsible for maintaining the confidentiality of your account and for taking all reasonable measures to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account has been accessed by somebody else, or is likely to be used in any way that is unauthorised by you, you should contact us immediately.

Your account can be cancelled at any time by emailing us at enquiry@hk.esteelauder.com.

You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

We reserve the right to refuse service and/or terminate user accounts without prior notice if you violate these Terms and Conditions or if we decide, in our sole discretion, that it would be in Estée Lauder Hong Kong's best interests to do so.

9. Third Party Links

We are not responsible for the content of any off-Site pages or any other Sites linked to or from this Site. Links appearing on this Site are provided by us for your convenience only and are not an endorsement by us, our affiliates, partners or licensors of the referenced content, product, service or supplier. Your linking to or from any off-Site pages or other Sites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of off-Site pages or any other Sites linked to or from this Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and Sites, including without limitation their privacy statements and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-Site pages and other Sites that you visit.

10. Submissions

It is our policy to decline unsolicited suggestions and ideas. Any solicited or unsolicited inquiries, feedback, suggestions, ideas or other information you provide to us (collectively "Submissions") will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy, by transmitting or posting any Submission, you hereby grant us a worldwide, non-exclusive, royalty-free, perpetual, transferable, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, and display any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also agree that your Submission will not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. If you make a Submission, you represent and warrant that it will be legal, honest, decent and truthful and not be obscene, abusive, threatening, libellous or defamatory of any person and that you own or otherwise control the rights to it and that it will not infringe the intellectual property rights or any other rights of any third party. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify the Indemnified Parties for all claims arising from or in connection with your breach of any of the warranties and representations in this section.

11. Representations and Warranties; Limitation of Liability

a. NO WARRANTIES

THIS SITE IS MADE AVAILABLE TO YOU "AS IS". WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THIS SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF AVAILABILITY FOR USE, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND USE OF ALL INFORMATION CONTAINED WITHIN IT.

b.LIABILITY

i. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE INDEMNIFIED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-SITE LINKS ON THIS SITE; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THIS SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY SITES; (f) ANY INACCURACIES, OMISSIONS OR MISLEADING, FALSE OR DECEPTIVE STATEMENT IN THE CONTENT; OR (g) EVENTS BEYOND THE INDEMNIFIED PARTIES’ REASONABLE CONTROL. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW THE INDEMNIFIED PARTIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THIS SITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF THE INDEMNIFIED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ii. BECAUSE SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH COUNTRIES, THE INDEMNIFIED PARTIES’ LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

c.LIMITATION

i.TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW IN NO EVENT SHALL THE INDEMNIFIED PARTIES MAXIMUM AGGREGATE LIABILITY EXCEED ONE THOUSAND HONG KONG DOLLARS.

ii. NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, THE INDEMNIFIED PARTIES DO NOT ATTEMPT TO EXCLUDE OR LIMIT THEIR LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM THEIR NEGLIGENCE IN ANY WAY.

12. Indemnification

You agree to defend, indemnify and hold the Indemnified Parties harmless from any losses, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your use of this Site. You also agree to indemnify the Indemnified Parties for any losses, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

13. Complaints

If you wish to complain about any matter in respect of the goods please contact Customer Service by email at: enquiry@hk.esteelauder.com.

14. Disputes

Your use of this Site shall be governed by the laws of Hong Kong Special Administrative Region and the parties hereto submit to the exclusive jurisdiction of the courts of Hong Kong Special Administrative Region.

15. General

You acknowledge and agree that these Terms and Conditions, which include our Privacy Policy, constitute the complete and exclusive agreement between us concerning your use of or purchases on this Site, and supersede and govern all prior proposals, agreements, or other communications. We may assign or subcontract any or all of our rights and obligations under these Terms and Conditions. We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of this Site, the Content or services available through it, including your access to it at any time. We also reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on this Site. Any changes are effective immediately upon posting to this Site. Your continued use of this Site constitutes your agreement to all such terms and conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of this Site. Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. No failure to exercise and no delay on the part of either party in exercising any right, remedy, power or privilege of that party under these Terms and Conditions and no course of dealing between the parties shall be construed or operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights and remedies provided by these Terms and Conditions are cumulative and are not exclusive of any rights or remedies provided by law. Time shall not be of the essence in these Terms and Conditions as regards any of the times, dates and/or periods mentioned herein. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.

If you have any questions regarding these Terms and Conditions, please contact us by e-mail at: enquiry@hk.esteelauder.com.

Copyright © 2007 ESTĒE LAUDER HONG KONG LIMITED. All worldwide rights reserved.