Terms & Conditions

Website Terms and Conditions

• 1. General

  1. MECCA operates a website at www.mecca.com and the MECCA app (collectively, the Sites). These terms and conditions (which can be accessed in full by clicking on each of the headings below) (Terms), the Privacy Policy, the Purchase Terms and Conditions, the Services Terms and Conditions, the Beauty Loop Terms and Conditions, and any other terms and conditions and policies that you may find on the Sites, any applicable laws or regulations, govern your use of, and access to, the Sites, our related websites and social media channels, and the products and services provided therein, regardless of your means of access.
  2. When we refer to MECCA in these Terms, we mean all companies within the MECCA Group, unless otherwise specified, including:
     1. MECCA Brands Pty Ltd (ACN 077 859 931)
     2. MECCA Brands NZ Pty Ltd (ACN 126 675 401);
     3. MECCA Brands Distribution Pty Ltd (ACN 609 957 155);
     4. MECCA Brands IP Pty Ltd (ACN 609 957 100); v. MBIP Nominees Pty Ltd (ACN 609 957 137); and
  3. all other related bodies corporate and subsidiaries, (referred to as MECCA, we, us, or our).
  4. You should read these Terms carefully before accessing or using the Sites. We encourage you to consult our Help section or contact our Customer Care team here, if you have any particular questions in relation to these Terms or the Sites.
  5. By accessing or using the Sites, you acknowledge that you have read, understood, and agreed to these Terms. If you access and use any part of the Sites on someone else's behalf, you represent that you have the authority to do so, and accept these Terms, on their behalf.

• 2. Modification

  1. We may modify any part of these Terms, or content of the Sites, at any time, or upon notice as required by law. If we elect to modify these Terms, we will post a new version on the Sites and update the date set out above. Any changes are effective immediately upon posting to, or removal from, the Sites. Your continued use of the Sites thereafter constitutes your acceptance of any changes to the Sites or Terms. If you do not agree to any change, then you must immediately stop using the Sites.
  2. You should read and carefully consider these Terms before using the Sites, or otherwise placing an order online, and check back regularly for any changes. The terms that apply to your use of our Sites are the Terms that apply at the time you used the Sites.
  3. We do not promise to continue to offer or maintain the Sites. We may, at any time and without prior notice to you, but acting reasonably at all times, withdraw the Sites from use.

• 3. Prices

  1. Unless stated otherwise, prices are inclusive of GST and other taxes of a similar nature, but do not include any applicable shipping or delivery fees. Prices are displayed in:
     1. Australian Dollars (AUD) if you are located in Australia; and
     2. New Zealand Dollars (NZD) if you are located in New Zealand.
  2. Prices are subject to change, effective immediately upon posting to the Site(s) or other form of notification.

• 4. Intellectual Property Rights

  1. In these Terms:
     1. Content means any materials or content that contribute to the existence and the ‘look and feel’ of the Sites, including information, graphics, headers, icons, images, logos, names, sounds, music, video, audio, text, software, HTML and code; and
     2. Intellectual Property Rights includes 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.
  2. The Sites and the Content (and all Intellectual Property Rights comprised therein) are owned by MECCA, or in some cases, our affiliates, partners, related bodies corporate or licensors. The Intellectual Property Rights may be protected by Australian and international laws.
  3. You are not granted any rights, including any Intellectual Property Rights, in relation to, or permitted to use, any part of the Content or the Sites, other than as expressly authorised by us, our third party licensors or applicable laws, such as the Copyright Act 1968 (Cth).
  4. Any unauthorised publication, reproduction, exploitation distribution, duplication, copying, including to another server or location, sale, access, modification or use of any part of the Sites or any Content is prohibited.

• 5. Access to the Sites

  You may use the Sites (and any products or services purchased on or via the Sites) for your own lawful, personal and non-commercial purposes only in accordance with these Terms. You must not:

  1. modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within, on or via the Sites;
  2. use the Sites (and any products or services purchased on or via the Sites), or any of its Content, to further any commercial purpose, including, without limitation, any commercial activity, sales or offering for sale, advertising or advertising revenue generation activity on your own website, auction sites, group buying sites social media sites or otherwise;
  3. publish, distribute, transmit, sell, license or download the whole or any part of the Sites or any Content (except caching or as necessary to view the Sites);
  4. use of the Sites or Content other than for personal use; 
  5. modify, reverse engineer or create any derivative works based upon the Sites or any Content;
  6. collect account information for the benefit of yourself or another party;
  7. use any meta tags or any other ’hidden text’ utilising any Content; or
  8. use software robots, spiders, crawlers, or similar data gathering and extraction tools, or taking any other action that may impose an unreasonable burden or load on our infrastructure.

• 6. Content

  1. We attempt to provide accurate information on the Sites. However, the information contained on the Sites is of a general nature only and does not constitute or replace professional advice for individual or specific conditions and, to the extent permitted by applicable law:
     1. we do not warrant that information contained on the Sites or in any Content, including any product or service descriptions, colours, ingredients is accurate, complete, reliable, current, or error-free;
     2. MECCA takes no responsibility for any loss, damage, injury or death arising from any use of the information contained on the Sites or in any Content; and
     3. the Sites are presented ’as is’ and we make no representations or warranties of any kind whatsoever, express or implied, in connection with these Terms or the Sites, including warranties of merchantability or fitness for a particular purpose.
  2. From time to time, our brands refresh their products and the ingredients they use may change slightly. We aim to update our digital platforms with any changes as soon as we can, but we recommend that you check the product packaging for the most up-to-date ingredient list. If you want to double check an ingredient, please contact our Customer Care team here.
  3. MECCA does not promise that any part of the Sites or any Content is error-free or that the Sites, the Content or the server that makes it available are free of viruses or other harmful components. We recommend that all users of the internet ensure they have up to date virus checking software installed. Nothing in these Terms excludes, restricts or modifies any rights or remedies under the Australian Consumer Law that cannot be excluded, restricted or modified.

• 7. Liability

  To the fullest extent permitted by applicable law, neither MECCA nor you will be liable for any indirect, special, punitive, incidental, or consequential damages of any kind or loss of profits, loss of revenue, loss of data, loss of goodwill, arising out of or related to the Sites or its Content, or use (or non-use) thereof, regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if the relevant person had been advised of the possibility of such damages.

• 8. User Content

  1. If you upload or otherwise provide any information or content (User Content) in the course of accessing or using the Sites or our social media pages, you:
     1. grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise and use the User Content (and all Intellectual Property Rights contained therein), including in all media now known or not currently known; 
     2. in respect of any moral rights in the User Content, consent to MECCA:
        • not attributing you as the author of any copyright works or subject matter;
        • falsely attributing authorship of any copyright works or subject matter; and
        • subjecting the copyright works or subject matter to treatment that would, without the author’s consent, infringe author’s copyright; and
        • agree that such User Content will be available to us to use in any manner, subject to applicable laws, including privacy laws.
  2. You agree that you will not upload or otherwise provide any User Content that:
     1. is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, inappropriate, harmful, hateful, abusive, tortious, obscene, invasive of another's privacy, sexist, racist, violent, degrading;
     2. infringes the intellectual or other proprietary interests of third parties;
     3. contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Sites or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user's use or enjoyment of the Sites or otherwise breaches or encourages other users to breach these Terms;
     4. violates any law, statute or regulation;
     5. forges information to disguise the origin of any User Content; or
     6. encourages or incites any other person to engage in any of the above behaviour.

• 9. Third Party Sites

  1. We may include hyperlinks on the Sites to other websites, platforms or resources operated by third parties (Third Party Sites). MECCA is not responsible for the content or accuracy of any Third Party Sites linked to or from the Sites, nor are we responsible for the availability of Third Party Sites, and we do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of any Third Party Sites, including any offerings, advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, products or services available on such external websites or resources.
  2. You should make your own reasonable enquires regarding the content of Third Party Sites. Your linking to or from the Third Party Sites is at your own risk. You should carefully review these terms and conditions and privacy policies of all Third Party Sites that you visit. Reference to any product, service or other information by trade mark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by MECCA.

• 10. Termination

  We may at any time and without obligation to give notice to you:

  1. temporarily suspend or disable the Sites; and
  2. permanently cease operating the Sites.

• 11. Relationship

  No agency, partnership, joint venture, employment or franchisor-franchisee relationship is intended or created between you and us by these Terms.

• 12. Force Majeure

  Neither MECCA or you will be responsible for any delay, suspension or failure arising out of any circumstances outside of its reasonable control, including acts of God, governmental actions, including any government imposed shutdown or closure, a change in applicable law, riots, vandalism, strikes, lockouts or other labour difficulty, war or national emergency, pandemic, epidemic, quarantine or other widespread or serious threat to human health (including an outbreak or recurrence), acts of terrorism, fire, explosion, flood or other natural disaster, inability to obtain any necessary materials, equipment, facilities or services, internet interruption or virus, accidents or breakdown of plant, machinery, software, hardware or communication network and failure or shortage of power supplies or other essential utility.

• 13. No Waiver and Severability

  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.

• 14. Applicable Law

  1. These Terms are governed by the laws in force in Victoria, Australia.
  2. You and MECCA submit to the exclusive jurisdiction of the courts exercising jurisdiction in Victoria, Australia.

• 15. Contact

  If you have any questions regarding these Terms, please contact our Customer Care team here.