Terms and Conditions

This website and the related services (the "Services") are operated by That Makeup Brand ("That Makeup Brand", "we", "us", "our"). These Terms and Conditions ("Terms") govern your access to and use of the Services. Purchases are also governed by our Terms of Sale, Shipping & Delivery Policy and Returns, Refunds and Guarantees Policy, which form part of these Terms.

By accessing or using the Services you agree to these Terms. If you do not agree, please do not use the Services.

You must be at least 18 years old, or have the consent of a parent or guardian, to purchase from us or create an account. By using the Services you confirm that you meet this requirement and have the legal capacity to enter into a binding agreement.

We may refuse service, cancel orders or close accounts at our reasonable discretion, including where we suspect fraud, abuse, resale in breach of these Terms or a breach of our Acceptable Use Policy.

You may create an account to save addresses, track orders and manage preferences. You are responsible for keeping your login details confidential and for all activity under your account. Tell us immediately at legal@thatmakeupbrand.com if you suspect unauthorised use.

You must provide accurate, current and complete information and keep it up to date. You may not impersonate another person, create an account for someone else without authority, or hold more than one account without our permission.

We try hard to describe our products, ingredients, shades and textures accurately. Colours and textures may appear differently on your screen, and formulas may be refined over time. Product information is general in nature and is not medical advice; see our Product Liability & Medical Disclaimer.

Availability is not guaranteed. We may change, discontinue or limit quantities of any product at any time, and we may limit orders that appear to be placed by resellers or for commercial purposes.

Prices are shown in Australian dollars and include GST where applicable, unless stated otherwise. Delivery charges are calculated at checkout. We may change prices at any time, but changes will not affect orders we have already accepted.

Promotions, discount codes and gifts with purchase are subject to the conditions published with them, are not redeemable for cash, may not be combined unless stated, and may be withdrawn at any time. If a pricing or promotional error is obvious and could reasonably have been recognised as a mistake, we may cancel the affected order and refund any amount paid.

The Services and everything on them, including our name, logos, product names, formulas, packaging, photography, text, designs and software, are owned by or licensed to That Makeup Brand and protected by Australian and international intellectual property laws.

You may view and print pages for your personal, non-commercial use. You may not copy, reproduce, modify, distribute, publish, scrape, frame, sell or create derivative works from any part of the Services without our prior written consent. Our trade marks may not be used in connection with any product or service that is not ours, or in any way that is likely to cause confusion or disparage us.

If you submit reviews, photos, comments, suggestions or other content ("User Content"), or tag us on social media, you grant That Makeup Brand a worldwide, non-exclusive, royalty-free, perpetual licence to use, reproduce, edit, adapt, publish, translate and display that content in any media for marketing and other business purposes, with or without attribution. You waive any moral rights to the extent permitted by law.

You warrant that you own or have the rights to the content, that it is accurate and your own honest opinion, and that it does not infringe anyone else's rights or breach our Acceptable Use Policy or Brand Ambassador, Influencer & Review Policy. We may remove or decline to publish any User Content at our discretion. Suggestions are given freely and we are not obliged to compensate you for using them.

The Services may contain links to third-party websites, payment providers, delivery carriers, review platforms and social networks. We do not control them and are not responsible for their content, policies or practices. Your use of them is at your own risk and subject to their terms.

You must use the Services lawfully and in accordance with our Acceptable Use Policy. In particular you must not interfere with the security or operation of the Services, attempt to gain unauthorised access, use automated tools to scrape or place orders, upload malicious code, or use the Services to harass or deceive others.

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.

Subject to those guarantees and to the extent permitted by law:

• the Services are provided "as is" and we do not warrant that they will be uninterrupted, error-free or free of viruses, or that information on them is complete or current;
• we are not liable for any indirect, incidental, special or consequential loss, loss of profit, revenue, data or goodwill, however caused, arising from your use of the Services or our products;
• where liability cannot be excluded but can be limited, our liability for a supply of goods is limited to replacing the goods, supplying equivalent goods or paying the cost of doing so; and our total liability in connection with the Services is otherwise limited to the amount you paid us for the relevant order.

You agree to indemnify That Makeup Brand, its directors, employees and agents against any claim, loss, liability or expense (including reasonable legal fees) arising from your breach of these Terms or any policy that forms part of them, your User Content, or your misuse of the Services or our products.

If a problem arises, please contact us first at legal@thatmakeupbrand.com so that we can try to resolve it quickly and fairly. If we cannot resolve it within 30 days, either of us may refer the dispute to mediation before commencing proceedings, unless urgent relief is sought. Nothing in this clause prevents you from making a complaint to a consumer protection agency such as the ACCC or your state fair trading office.

These Terms are governed by the laws of New South Wales, Australia, and you submit to the non-exclusive jurisdiction of the courts of that state and the Commonwealth of Australia.

If any part of these Terms is found to be unenforceable, the rest remains in effect. Our failure to enforce a right is not a waiver of it. We may assign our rights under these Terms to a successor of our business; you may not assign yours without our consent. These Terms, together with the policies referred to in them, are the entire agreement between you and us about the Services.

We may update these Terms at any time by posting the revised version here with a new date. Changes apply from the time they are posted and do not affect orders already accepted. Continued use of the Services after a change means you accept it.

Questions about these Terms, and any formal notice, can be sent to legal@thatmakeupbrand.com. For help with an order write to orders@thatmakeupbrand.com; for everything else, hello@thatmakeupbrand.com or our Contact page.